DUI Penalties in West Virginia

Driving under the influence (DUI) is a serious offense with varying consequences, depending on the circumstances and the number of previous convictions. Below, we’ve outlined the penalties associated with DUI charges in West Virginia to help you better understand the potential outcomes.

First-Time Offenders

For drivers with no prior DUI convictions, the penalties are as follows:

• Jail Time: Up to 12 months if a child under 16 years old is in the vehicle.
• License Suspension: Immediate suspension of driving privileges.
• Ignition Interlock Device: Mandatory installation to monitor alcohol levels.
• Education and Treatment Programs: Enrollment in classes aimed at rehabilitation.

Second DUI Conviction

A second DUI offense brings harsher penalties, which may include:

• Jail Sentence: Between six months and one year.
• Fines: Ranging from $1,000 to $3,000.
• License Suspension: A one-year suspension.
• Ignition Interlock Device: Required installation.
• Educational Programs: Compulsory alcohol education sessions.

Multiple DUI Convictions

For repeat offenders (two or more DUIs), the consequences are more severe:

• Jail Time: One to three years.
• Fines: Between $3,000 and $5,000.
• License Suspension: Minimum of one year.
• Ignition Interlock Device: Installation mandatory.
• Rehabilitation Programs: Required attendance in treatment or educational programs.

A Kingwood criminal lawyer can assist you in securing the most favorable outcome for DUI penalties

Additional Penalties Based on BAC Levels

West Virginia imposes additional penalties depending on the driver’s blood alcohol concentration (BAC) level at the time of the arrest.

Commercial Drivers

For commercial drivers with a BAC of 0.04% or higher:

• License Suspension: Between one and three years if the vehicle was transporting hazardous chemicals.
• Drunk Driving Charges: Commercial drivers may face immediate DUI charges.

Private Drivers

Private drivers presenting a BAC level between 0.05% and 0.079% may be charged with reckless driving. Upon being pulled over, the penalties for this can involve fines and further legal consequences.

Underage Drivers

West Virginia enforces a zero-tolerance policy for drivers under 21 years old with a BAC of 0.02% or higher. Offenders may face charges for drunk driving, even at this minimal BAC level.

Aggravated DUI

A BAC of 0.15% or higher constitutes aggravated DUI. This results in:

• Jail Sentence: Two days to six months.
• Fines: Between $100 and $1,000.
• Ignition Interlock Device: Installation is mandatory.

DUI Charges Resulting in Harm

Further penalties apply to DUI cases involving harm to others or property damage.

DUI Resulting in Death

A DUI resulting in the death of another individual is one of the most serious offenses:

• Jail Sentence: 90 days to one year.
• Fines: Between $500 and $1,000.
• License Revocation: Immediate revocation of the driver’s license.

DUI Resulting in Injury

If physical injuries occur due to a DUI offense, penalties may include:

• Jail Time: From one day to one year.
• Fines: Between $250 and $1,000.

Reckless Driving Endangering Others

For incidents involving the reckless disregard for the safety of others:

• Jail Sentence: Up to 10 years.
• Fines: Between $1,000 and $3,000.

Drunk Driving Defense in West Virginia (Kingwood Area)

Facing DUI charges in West Virginia can be overwhelming, but partnering with experienced Kingwood DUI attorneys can make all the difference. The Mountaineer Criminal Law Group specializes in defending clients against DUI accusations in Kingwood and beyond. Their trusted Kingwood criminal lawyer team ensures you receive professional and efficient representation.

If you’re ready to protect your rights and fight your DUI case, contact our ingwood DUI attorney (304) 381-3656 to schedule your consultation today!