West Virginia DUI Lawyers

If you find yourself caught driving under the influence of alcohol, the consequences can be serious and far-reaching. Your life and your career may be negatively impacted, potentially resulting in the permanent loss of your driving privileges or even professional setbacks.

That’s where we come in. At Mountaineer Criminal Law Group, our dedicated team of West Virginia DUI lawyers is here to guide and support you throughout the process. Our experienced Wheeling WV OVI lawyer will work tirelessly to help you navigate the legal complexities, aiming to reduce penalties or perhaps even have the charges dropped. We understand the importance of swiftly resolving your case so you can move forward and regain control of your life.

West Virginia DUI Laws

Understanding West Virginia DUI Laws is crucial. According to the West Virginia REVISED CODE (ORC) 4511.19, it is illegal to operate a vehicle while under the influence of alcohol or drugs, or a combination thereof. There are several key factors that will be considered in your case:

• Substance abuse, including alcohol or drugs.
• If your blood alcohol concentration (BAC) is 0.8 or higher at the time of the incident.

In West Virginia, there are multiple ways to be charged with OVI:

• BAC exceeding the legal limit: For general drivers, the limit is 0.8, while commercial vehicle drivers must adhere to a limit of 0.4.
• DUI charges without surpassing the legal limit: According to ORC 4506.01, the police must prove that you consumed a substance, such as drugs or over-the-counter medication, impairing your judgment and reflexes.
• The presence of dangerous drugs impairing your judgment and reflexes, as defined by ORC 4729.01. Despite having a valid prescription, acquiring these drugs from a pharmacy won’t serve as a strong defense for your case.

These are just the fundamentals of the DUI laws applicable to you. Keep in mind that various other DUI laws might be utilized to charge you. For this reason, it is paramount to seek guidance from an experienced Wheeling WV OVI lawyer.

Difference of OVI and DUI

Many people wonder about the disparities between OVI and DUI charges, but in reality, there isn’t a significant distinction. Both terms are simply abbreviations used to describe similar offenses, with the specific name varying by state. In West Virginia, the offense is referred to as operating a vehicle under the influence, or OVI. The only subtle divergence comes from the requirement for prosecutors to prove that the offender was intoxicated while driving. To navigate these complex cases successfully, it’s crucial to enlist the services of an experienced Wheeling WV criminal lawyer.

DUI Offenses Mountaineer Criminal Law Group Handles

At the Mountaineer Criminal Law Group, our skilled team of attorneys handles a range of DUI cases, including:

• First DUI Offense: If you’re charged with your first DUI offense within a 10-year period, the penalties can include fines, jail time, or license suspension. These consequences may vary based on your blood alcohol content (BAC) level or impairment caused by medication.

• Second DUI Offense: Second DUI offenses within a 10-year period typically result in harsher punishments, such as increased fines, longer jail time, and an extended license suspension.

• Third DUI Offense: A third DUI offense within a 10-year period carries severe consequences, including imprisonment, hefty fines, and house arrest. Additionally, upon regaining your license, you’ll be required to affix a yellow OVI plate to your vehicle.

• Physical Control of Vehicle: Operating a vehicle while impaired, covered under ORC 4511.194, is a misdemeanor offense with penalties less severe than those associated with a first DUI offense.

• Under Age DUI or OVUAC: Individuals under the age of 21 are prohibited from consuming alcohol in West Virginia. If you’re charged with an underage DUI or operating a vehicle under the influence of prescribed drugs, seeking legal assistance is crucial.

• Aggravated Vehicular Assault and Homicide: When a drunk driving incident results in injury or death, it becomes a felony offense with substantially harsher penalties.

DUI Laws and Penalties

DUI charges carry a wide range of penalties, making it essential to seek the assistance of a Wheeling WV OVI lawyer to potentially have your charges reduced or dismissed. Some common penalties include:

First DUI (First Degree Misdemeanor)

•   Up to 6 months imprisonment
•   Fines ranging from $375 to $1,075
•   Potential driver’s license suspension for 3-6 years
•   Option for limited driving privileges after 15 days from the initial charge
•   Optional participation in alcohol education and treatment programs
•   Possibility of yellow OVI license plate or ignition interlock device requirements

First DUI With a High BAC or Chemical Test Refusal (First Degree Misdemeanor)

• Potential of 6 days in prison or completion of a 72-hour certified driver intervention program approved by a judge
• Jail time up to 6 months
• Fines ranging from $375 to $1,075
• Driver’s license suspension for 6 months to 3 years
• Yellow OVI license plate
• Optional limited driving privileges after 15 days from the initial charge
• Optional alcohol education and treatment programs
• Optional ignition interlock device

Second DUI (First Degree Misdemeanor):

• Between 10 days and 6 months in prison
• Fines between $525 and $1,625
• Probation
• House arrest and/or electronic monitoring
• Driver’s license suspension for 1 to 5 years
• Limited driving privileges available after 45 days from the initial charge
• Yellow OVI license plates
• Alcohol assessment, education, and treatment

Second DUI With a High BAC or Chemical Test Refusal (First Degree Misdemeanor):

• Potential of 20 days to 6 months in prison
• Fines ranging from $525 to $1,625
• Probation
• House arrest and/or electronic monitoring
• Driver’s license suspension for 1 to 5 years
• Limited driving privileges available after 45 days from the initial charge
• Yellow OVI license plates
• Alcohol assessment, education, and treatment
• Ignition interlock device

Third DUI (First Degree Misdemeanor)

• Between 30 days and 1 year in prison
• Fines between $850 and $2,750
• Probation
• House arrest and/or electronic monitoring
• Vehicle forfeiture if the offender is the owner of the vehicle
• Limited driving privileges available after 180 days from the initial charge
• Driver’s license suspension for 2 to 10 years
• Yellow OVI plates
• Alcohol assessment, education, and treatment
• Ignition interlock device

Third DUI With a High BAC or Chemical Test Refusal (First Degree Misdemeanor)

• Potential of 60 days to 1 year in jail
• Fines ranging from $850 to $2,750
• Probation
• House arrest and/or electronic monitoring
• Vehicle forfeiture if the title is in your name
• Limited driving privileges available after 180 days from the initial charge
• Driver’s license suspension for 2 to 10 years
• Yellow OVI plates
• Alcohol assessment, education, and treatment
• Ignition interlock device

First Felony DUI (Fourth Degree Felony)

• Imprisonment: Between sixty days to thirty months
• Fines: Ranging from $1,350 to $10,500
• Vehicle forfeiture, if titled in your name
• Driver’s license suspension: From three years to lifetime
• Limited driving privileges available after three years
• Yellow OVI plates
• Ignition interlock device
• Required alcohol and drug addiction program

Second Felony DUI (Third Degree Felony)

• Imprisonment: Between sixty days and five years
• Fines: Ranging from $1,350 to $10,500
• Vehicle forfeiture if offender is the owner
• Driver’s license suspension: From three years to lifetime
• Limited driving privileges available after three years
• Yellow OVI plates
• Ignition interlock device
• Required alcohol and drug addiction program

Consult a Wheeling WV criminal lawyer at Mountaineer Criminal Law Group for diligent attention to your case and the best resolution for your situation. Call us today.