DUI laws in West Virginia are like many other states in that they are case specific and West Virginia law will allow negotiation with legal counsel to lessen the charges or even work towards dismissal of the charge. This factor does not lessen the seriousness of DUI laws and in West Virginia and the laws are clearly expressed in state statutes that rely on a sliding scale. A sliding scale means that there is an increase in punishment with each conviction following the first or other mitigating such as the blood alcohol content (BAC) of the offender. West Virginia has a “Per Se” BAC level that is .08%. Anyone with a .08% BAC level or higher will be charged with DUI without consideration of driver performance.
In violation of West Virginia DUI laws, there are both administrative and criminal penalties. Administrative penalties include suspension of a license, participation in an interlock device program, and mandatory SR-22 insurance requirements. Criminal penalties consist of incarceration, penalties and fines, as well as alcohol treatment requirements.
First offenders of West Virginia DUI laws face an imminent license suspension of 6 months depending on the outcome of an administrative hearing. Once a license is reinstated, the offender may be required to take part in an ignition interlock device program. About 13 states currently have a mandatory ignition interlock device program which are costly for the offender, but highly effective in keeping drivers legally safe on the roads. West Virginia DUI laws do not make SR-22 insurance mandatory for first offenders, but it may be required if this is the only option for the offender at the time of reinstatement.
A criminal penalty for first offenders does not require mandatory incarceration following conviction for a minor DUI offense. However, any other factors contributing to a higher offense can lead to mandatory jail time ranging from at least two days to 6 months. Factors that might contribute to mandatory jail time include having a minor in the vehicle under 16 or a BAC of .15 or higher. The fines for violating West Virginia DUI laws range widely, but are set at a maximum of $5000 for the first offense. The fine does not include court fees, assessment fees, or any other terms. Finally, a fist offense can seriously influence a second offense DUI in West Virginia if the violation occurs within 10 years.
A second and third offense of West Virginia DUI laws increase penalties. A second offense results in license suspension of 1 year, fines from $1000 to $3000, an order of the interlock device program, and possible jail term of 6-12 months. A third offense is a felony in West Virginia and a license is suspended for 1 year, fines are increased to $3000 to $5000, an order of an ignition interlock device, and a possible jail term of 1 to 3 years.
Other things to remember regarding DUI laws in West Virginia include the fact that the state has given implied consent to submit to a BAC test to anyone driving a vehicle. First refusal will result in a 1 year license suspension. Any more refusals simply enhance the penalties for future violations. West Virginia has a Zero Tolerance BAC level of .02% for drivers under 21 resulting in a possible charge of DUI. Keep the penalties of West Virginia DUI laws in mind as a West Virginia resident or while passing through the state. Driving under the influence should be avoided at all costs and consciously making a choice to drive while under the influence will result in a great deal of penalties and cost.
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