DUI Penalties

In West Virginia, DUI penalties vary based on the number of prior offenses and the blood alcohol concentration (BAC) level.

For drivers without any previous DUI cases, a suspected driver with a child under 16 years may face up to 12 months of jail time. Additionally, they may have their license suspended, be required to install an ignition interlock device, and attend education and treatment classes.

For a first-time DUI offense, the sentence may range from six months to one year in jail with a fine of $1000 to $3000. The individual may also have their license suspended for one year, be obligated to install an ignition interlock device, and participate in an alcohol education program.

Drivers with two or more DUIs can expect a prison term of one to three years, a fine ranging from $3000 to $5000, one year of license suspension, and the requirement to install an ignition interlock device. They will also be required to participate in an education or treatment program.

  • Commercial drivers who face drunken driving charges generally have a BAC of .04% or higher. They may also have their license revoked for one to three years if the vehicle is used for transporting hazardous chemicals.
  • Private drivers with a BAC level between .05% and .079% may face charges for reckless driving and can be pulled over by the police.
  • Underage drivers below 21 years old will face charges for drunk driving if their BAC level exceeds .02%.
  • Those drivers with a BAC level of .15% or higher will face aggravated Weirton criminal lawyer charges. The penalties for this offense include jail time ranging from two days to six months, a fine ranging from $100 to $1000, and mandatory installation of an ignition interlock device.

Drunken Driving Defense

If you are seeking legal representation to combat DUI charges, we recommend consulting our experienced Weirton DUI lawyer and defense attorney in West Virginia. To arrange a meeting, please contact us at (304) 381-3656.

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