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Penalties for Second DUI in Wheeling, West Virginia
When it comes to second DUI convictions, the courts take a stricter stance compared to first offenses, considering them as less lenient mistakes. Mandatory minimum penalties, higher fines and fees, longer driver’s license suspensions, and incarceration are all part of the consequences. The judge’s decision on the penalties is influenced by two factors: the driver’s refusal to submit to chemical testing in the past 20 years and the offender’s BAC level (whether it was under or over 0.17 percent). To mitigate some of these severe penalties, seeking the representation of an experienced Wheeling WV DUI lawyer like Sean Logue is highly recommended. By examining the specifics of your case, he can work towards a reduction or dismissal of the charges.
Second DUI Charge Types
For all second DUI cases involving alcohol, installation of an ignition interlock device on the offender’s vehicle is mandatory. Beyond this requirement, consequences depend on the driver’s BAC level and past refusals to test in the last two decades.
Second DUI, BAC Under 0.17 Percent
A minimum jail term of 10 days is imposed. In cases where there is insufficient jail space, the judge has the authority to sentence the offender to 5 days in jail coupled with 18 days of house arrest and/or monitoring through an ankle bracelet that continuously detects alcohol use. The maximum jail term allowed is 6 months.
In addition to these penalties, the offender faces a fine ranging from $525 to $1,625. The driver’s license will be revoked for at least a year, with the possibility of reinstatement after 45 days. Yellow license plates will be required for the offender’s vehicle. Additionally, the offender will be subject to drug and alcohol assessment, as well as any recommended treatment. Finally, if the vehicle is registered to the offender and was being driven during the time of arrest, it will be immobilized for 90 days.
Second DUI, BAC of 0.17 Percent or Higher
For a second offense of operating a vehicle under the influence (DUI) with a blood alcohol concentration (BAC) of 0.17 percent or higher, it is necessary to address several consequences. Primarily, a mandatory jail sentence of 20 days is imposed. If the local correctional facility is congested, this can be modified to 10 days in jail and 36 days on house arrest. In such cases, continuous monitoring of alcohol usage can be enabled through an ankle bracelet. Additionally, a fine ranging from $525 to $1,625 is applicable, with a maximum imprisonment of 6 months.
To further emphasize the severity of the charge, yellow license plates are legally required for any convictions related to this offense. Moreover, the offender’s driver’s license will be suspended for one year, although driving privileges can be reinstated after a 45-day period. Furthermore, the individual must undergo drug and alcohol assessment and actively participate in the recommended treatment. It is important to note that if the offender is the registered owner of the vehicle involved, it will be immobilized for a period of 90 days.
Second DUI, Chemical Testing Refused in the Previous 20 Years
In cases involving a second DUI offense and refusal to submit to chemical testing within the previous 20 years, a mandatory jail term of 20 days is prescribed. However, if jail capacity is insufficient, the sentence may be reduced to 10 days of incarceration with 36 days on house arrest. Similar to the previous scenario, monitoring alcohol consumption via an ankle bracelet may be necessary. The maximum potential jail sentence remains at 6 months.
A fine ranging from $525 to $1,625 will also be imposed, and the offender must affix yellow license plates to their vehicle. Mandatory alcohol and drug assessments are required, as well as completion of any recommended treatments. Moreover, if the vehicle involved is registered under the offender’s name, it will be immobilized for 90 days. The offender’s driver’s license will be suspended for one year, but privileges can be regained after a 45-day period.
Getting Driving Privileges Reinstated After a Second DUI
After being arrested for DUI (Operating a Vehicle Impaired), individuals are faced with the automatic suspension of their license, known as an ALS (Administrative License Suspension). If you find yourself in this situation, you have the option to request limited driving privileges from the appropriate court that covers your area, whether it be a county court, municipal court, or mayor’s court.
To reinstate your driving privileges, there are three requirements that must be met: paying a reinstatement fee, submitting proof of insurance documents to the West Virginia Bureau of Motor Vehicles, and serving the assigned suspension. Section 4511.191(F)(2) of the West Virginia Revised Code specifically addresses this matter.
West Virginia Revised Code Section 4511.19 and Court-Ordered Second DUI Suspensions
In cases where an individual is convicted of DUI with a previous conviction within the past six years, the judge is obligated to suspend their license for a period of one to five years, categorized as a Class 4 suspension. Before being eligible for reinstatement, there is a mandatory 45-day waiting period. Additionally, party plates, a $475 fee, and the installation of an ignition interlock device for cases involving alcohol-related convictions are required.
If you are facing these legal challenges, look no further than Wheeling WV criminal lawyer, Sean Logue. With extensive experience and training, he has successfully defended numerous DUI cases across three states. Let him guide you through this process and provide the assistance you need.
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