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High Test DUI in Wheeling
In Wheeling, a High BAC = .17 Percent or Higher
In Wheeling, the severity of an DUI charge depends on the individual’s blood alcohol content (BAC). A BAC of .17 percent or higher is considered a “high test” DUI, which carries more serious consequences.
Understanding the methods utilized by law enforcement to determine intoxication, your Wheeling WV DUI lawyer can effectively navigate your case. It’s important to note the differences between a “low test” and a “high test” DUI in West Virginia.
How Is a Low DUI Different From a High DUI?
A “low test” DUI refers to a BAC below .17 percent, while a “high test” DUI surpasses this threshold. The penalties for a “high test” DUI are more severe than those for a “low test” DUI.
Under the West Virginia Revised Code, a high test result is defined by various measures, including breath, urine, or plasma/blood serum tests. Each test has specific thresholds for alcohol content.
The penalties for a first DUI that falls under the “high test” DUI category are as follows:
- Mandatory yellow license plates
- Minimum 6 days in jail OR 3 days in jail and 3 days in a driver intervention program (with a maximum jail sentence of 6 months)
- Optional installation of an ignition interlock device, at the court’s discretion
- Fines ranging from $375 to $1,075
- No driving privileges for the initial 15 days following the arrest (due to an ALS suspension)
- Additional driver’s license suspension imposed by the judge, lasting between 6 months and 3 years.
A driver intervention program, like the one mentioned above, is a three-day alcohol and drug treatment and education program. Participation in the program must be approved by the judge, who may order offenders to attend based on their individual cases. Often, an offender’s attorney will suggest entering the program as a proactive way to demonstrate to the court their commitment to avoiding future offenses. Referred to as DIP, the intervention seminar takes place over a weekend, with attendees checking into the hosting hotel on Thursday evening and checking out on Sunday afternoon.
Limited to first-time offenders, this class focuses on traffic safety, DUI prevention, and offers assessments to students. For those in need, it also provides referrals for further assistance. There are special programs available for minors as well.
The penalties following a high-test DUI conviction are severe and costly. It’s crucial to have the assistance of a skilled Wheeling WV DUI attorney in such cases. Attempting to defend yourself is not recommended.
It’s important to remember that being charged with high-test DUI does not automatically mean you will go to jail or face other serious consequences. Your Wheeling WV criminal lawyer is well-versed in DUI law and will thoroughly review your case, evidence, and conduct in-depth consultations with you. Based on this, they will identify defense options that are most likely to work in your favor. They will also examine the chemical testing and arrest procedures to identify any potential wrongful actions by the police, using that information to potentially reduce or dismiss the charges. Additionally, they can assist in restoring your driving privileges.
Keep in mind that there are ramifications beyond legal consequences when facing a high-test DUI charge. It’s challenging to keep such an incident a secret, especially if there was a car accident involved. Both neighbors and friends will have something to say, ranging from light-hearted teasing to serious lectures. Your employment could be at risk, particularly if driving is integral to your job. Furthermore, it can have detrimental effects on educational opportunities and may even result in the revocation of a professional license.
Operating a vehicle while intoxicated is not a matter to be taken lightly. The consequences can be severe and life-changing. If you find yourself arrested on this charge, it is vital to seek excellent representation.
Contact us online or call (304) 381-3656 to arrange a free consultation and discuss your case.
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