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DUI Laws, Penalties in West Virginia

If you’re ever faced with an DUI charge, your top priority should be hiring a Wheeling WV DUI lawyer like Sean Logue. Navigating DUI laws can be complex, but having a knowledgeable Wheeling WV criminal attorney by your side can make all the difference. With their expertise, you may even have your charges dropped or reduced.

Let’s take a closer look at West Virginia’s DUI laws:

First DUI – As a first-degree misdemeanor, a first DUI offense carries penalties that include a potential jail term of up to six months. However, there may be an opportunity to serve just three days if approved for a judge-certified driver intervention program lasting 72 hours. Other consequences include a six-month to three-year driver’s license suspension and fines ranging from $375 to $1,075. Additional optional penalties may include “party” plates, mandatory installation of an ignition interlock device, limited driving privileges, and participation in alcohol treatment and education programs.

First DUI with High BAC or Chemical Test Refusal – This charge, also a first-degree misdemeanor, entails similar penalties to a regular First DUI, except that the DUI plate becomes mandatory.

Second DUI – A second DUI charge is also classified as a first-degree misdemeanor. Potential penalties for a second offense include fines ranging from $525 to $1,625, jail sentences lasting 10 days to six months, a one-to-five-year driver’s license suspension, probation, an alcohol assessment, education and treatment requirements, DUI “party” plates, and limited driving privileges after a month and a half from the original charge. House arrest, electronic monitoring, or a combination thereof could also be imposed as part of the sentence.

Second DUI with High BAC or Chemical Test Refusal – This falls under the category of a first-degree misdemeanor. Sentencing options include fines ranging from $525 to $1,625, probation, and electronic monitoring. Other penalties may include an ignition interlock device, party plates, house arrest, jail sentences of 20 days to six months, driver’s license suspensions lasting one to five years, and alcohol education and treatment.

Third DUI

Similar to a first and second DUI, a third DUI is a first-degree misdemeanor. Fines increase to $850 to $2,750 for a third conviction. Jail sentences can range from 30 days to one year, and driver’s license suspensions can last from two to 10 years. Additional consequences may include potential vehicle forfeiture, probation, limited driving privileges after 180 days, electronic monitoring with or without house arrest, and an ignition interlock device.

Third DUI with High BAC or Chemical Test Refusal

This charge is also a first-degree misdemeanor. Punishments are comparable to a regular third DUI, with a longer jail sentence of 60 days to one year.

First Felony DUI

This charge is a fourth-degree felony with severe consequences.

Incarceration can range from two months to two and a half years in prison, accompanied by fines of $1,350 to $10,500.

Vehicle forfeiture is likely if it is titled in your name.

Driver’s license suspension may last from three years to life, but limited driving privileges after three years are possible.

Other penalties may include an alcohol and drug addiction program, party plates, and an ignition interlock device.

Second Felony DUI

This charge is prosecuted as a third-degree felony.

Penalties are similar to a first felony DUI, but with a longer prison sentence ranging from two months to five years.

Remember, you don’t have to face an DUI charge alone! Contact us today or call (304) 381-3656 for a free consultation.

Client Reviews

I had hired Mr. Logue a few years ago for my gf at the time for charges she had gotten before I had met her, for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr. Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her...


I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped...

Former Client

Mr. Logue took our son’s cases on very short notice (the first lawyer we hired wasn’t getting anywhere with either of the prosecutors and had actually turned one of the cases over to the court-appointed attorney). We hired Mr. Logue to go to trial if needed, but he worked with both prosecutors and...

Former Client

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