DUI Penalties

Navigating DUI charges can be overwhelming, especially when trying to understand the potential penalties. In West Virginia, the consequences for driving under the influence (DUI) vary based on several factors, including the driver’s history of similar offenses and the specifics of the incident. Below is a detailed breakdown of the penalties you could face if convicted. If you require legal assistance, a lawyer can provide the guidance you need.

Penalties Based on Prior Convictions

The severity of DUI penalties often increases with each subsequent offense.

First Offense

For a first-time DUI conviction, the penalties are significant. If a child under 16 was in the vehicle at the time of the offense, the driver might face up to 12 months in jail. Standard penalties for a first offense also include:

• A jail sentence ranging from six months to one year.
• A fine between $1,000 and $3,000.
• A one-year license suspension.
• Mandatory installation of an ignition interlock device.
• Required attendance in an alcohol education program.

Second and Subsequent Offenses

If an individual has two or more prior DUI convictions, the penalties become much harsher. A skilled Waynesburg DUI attorney can be crucial in these situations. Consequences may include:

• A jail term of one to three years.
• A fine ranging from $3,000 to $5,000.
• A license suspension of one year.
• Installation of an ignition interlock device.
• Enrollment in an education or treatment program.

Penalties Based on Blood Alcohol Concentration (BAC)

West Virginia law outlines additional penalties based on the driver’s Blood Alcohol Concentration (BAC) level.

Commercial Drivers

Commercial vehicle operators are held to a stricter standard. They can face drunk driving charges with a BAC of .04% or higher. Furthermore, if their vehicle was transporting hazardous materials, their license could be suspended for one to three years.

Private Drivers

Even if a private driver’s BAC is below the standard legal limit, they can still face charges. Police can pull over and charge individuals with reckless driving if their BAC is between .05% and .079%.

Underage Drivers

West Virginia enforces a strict zero-tolerance policy for drivers under the age of 21. If an underage driver is found with a BAC of .02% or higher, they can be convicted of drunk driving.

Aggravated DUI

A driver with a BAC of .15% or higher is considered to have committed an “aggravated DUI,” which carries more severe consequences. For a first-time offense, this can result in:

• Jail time of two days to six months.
• A fine between $100 and $1,000.
• Mandatory installation of an ignition interlock device.

Penalties for DUI Resulting in Injury or Death

When a DUI incident leads to physical harm or death, the penalties are substantially increased.

Causing Death

If a DUI driver causes a fatal accident, they may be sentenced to 90 days to one year in jail and fined between $500 and $1,000. License revocation is also a common consequence. If the court finds the driver acted with disregard for others’ safety, the penalty can escalate to up to 10 years in jail and a fine between $1,000 and $3,000.

Causing Physical Injury

If a DUI incident results in physical injury to another person, the driver may face a jail sentence from one day to one year and be required to pay a fine ranging from $250 to $1,000.

Drunken Driving Defense in Waynesburg

If you are facing DUI charges and want to secure your freedom, it is vital to seek professional legal help. Consult with our experienced Waynesburg criminal lawyer. Call us at (304) 381-3656 to schedule your appointment today.