West Virginia DUI Lawyers

At Mountaineer Criminal Law Group, we understand the impact of a DUI/DUI charge on your life and career. If caught driving under the influence of alcohol, the consequences can be severe, from losing your driving privileges to professional setbacks.

That’s where our team of experienced Wheeling WV DUI lawyers comes in. We are here to guide you through the process, working to reduce penalties or even have the charges dropped altogether. By taking swift action, we can help you navigate the legal complexities and address the consequences efficiently.

West Virginia DUI Laws

Under the West Virginia REVISED CODE (ORC) 4511.19, driving under the influence or while intoxicated is prohibited. Factors considered in this case include:

• Substance abuse, whether it involves alcohol, drugs, or a combination
• Blood Alcohol Concentration (BAC) of 0.8 or higher during the time of the incident

In West Virginia, there are various ways to be charged with DUI:

• Exceeding the BAC limit, which is 0.8 for general drivers and 0.4 for commercial vehicle drivers
• Facing charges even if your BAC is not over the legal limit. According to ORC 4506.01, the police must prove that your judgment and reflexes were impaired by drugs or substances, including over-the-counter medications.
• Dangerous drugs, identified in ORC 4729.01, can impair your judgment and reflexes, even if you have a legal prescription. Building a strong defense for your case may prove challenging.

These are just the fundamental aspects of DUI laws that can be employed in charging you. There are numerous other DUI laws that may impact your case, emphasizing the significance of consulting an experienced Wheeling WV DUI lawyer.

Difference of DUI vs DUI

There seems to be some confusion surrounding the terms DUI (Operating a Vehicle under the Influence) and DUI (Driving Under the Influence). While they are both abbreviations for similar charges, they refer to the same offense and vary in nomenclature depending on the state. In West Virginia, the offense is referred to as DUI.

DUI Offenses Mountaineer Criminal Law Group Handles

When it comes to these intricate cases, it’s crucial to hire an expert Wheeling WV criminal lawyer who can guide you through the legal intricacies. Our team at Mountaineer Criminal Law Group has extensive experience handling a wide range of DUI cases, including:

• First DUI Offense: If you are charged with your first DUI case within a 10-year period, we are here to help. This charge can be levied if your blood alcohol concentration (BAC) exceeds the legal limit or if impairments are caused by medications.
• Second DUI Offense: Dealing with a second DUI offense can be more challenging, as the penalties and fines are more severe, often accompanied by longer jail sentences.
• Third DUI Offense: If you find yourself facing a third DUI charge within 10 years, the consequences can be even more severe, including imprisonment, substantial fines, and house arrest. Additionally, you may be required to display a yellow DUI plate on your vehicle upon the reinstatement of your license.
• Physical Control of Vehicle: Under ORC 4511.194, operating a vehicle while impaired is prohibited. Though considered a misdemeanor, the penalties are less severe compared to a first DUI offense.
• Underage DUI or OVUAC: For individuals under the age of 21, drinking is strictly prohibited in West Virginia. If you are found impaired due to prescribed drugs or alcohol, seeking the guidance of a lawyer is crucial.
• Aggravated Vehicular Assault and Homicide: If you are involved in an accident resulting in injury or death while driving under the influence, you could face felony charges with severe penalties.

DUI Laws and Penalties

When it comes to DUI charges, the penalties can vary. To help you navigate through this legal matter and potentially have your charges dropped, seeking the assistance of a Wheeling WV DUI lawyer is crucial.

First DUI (First Degree Misdemeanor)

• 3 days of imprisonment or completion of a 72-hour certified driver intervention program approved by a judge
• Up to 6 months imprisonment
• Fines ranging from $375 to $1,075
• Driver’s license suspension for 3-6 years
• Optional limited driving privileges after 15 days from the initial charge
• Optional alcohol education and treatment programs
• Optional yellow DUI license plate
• Optional ignition interlock device

First DUI With a High BAC or Chemical Test Refusal (First Degree Misdemeanor)

• Six days in prison or completion of a seventy two-hour certified driver intervention program approved by a judge
• Up to six months in jail
• Financial penalties between $375 and $1,075
• Six-month to three-year driver’s license suspension
• Mandatory yellow DUI license plate
• Optional limited driving privileges after 15 days from the initial charge
• Optional alcohol education and treatment programs
• Optional ignition interlock device

Second DUI (First Degree Misdemeanor)

• Imprisonment ranging from ten days to six months
• Fines between $525 and $1,625
• Probation
• House arrest and/or electronic monitoring
• One to five years suspension of driver’s license
• Limited driving privileges after forty-five days from initial charge
• Mandatory yellow DUI license plates
• Alcohol assessment, education, and treatment programs

The consequences for DUI offenses vary depending on the circumstances. Here’s an overview of the penalties you may face:

Second DUI with a High BAC or Chemical Test Refusal (First Degree Misdemeanor):

• Imprisonment: Between twenty days and six months
• Fines: Ranging from $525 to $1,625
• Probation
• House arrest and/or electronic monitoring
• Driver’s license suspension: One to five years
• Limited driving privileges available after forty-five days from the initial charge
• Requirement for yellow DUI license plates
• Mandatory alcohol assessment, education, and treatment
• Installation of an ignition interlock device

Third DUI (First Degree Misdemeanor)

• Imprisonment: Between thirty days and one year
• Fines: Ranging from $850 to $2,750
• Probation
• House arrest and/or electronic monitoring
• Vehicle forfeiture if you’re the owner
• Limited driving privileges available after 180 days from the initial charge
• Driver’s license suspension: Two to ten years
• Requirement for yellow DUI license plates
• Mandatory alcohol assessment, education, and treatment
• Installation of an ignition interlock device

Third DUI with a High BAC or Chemical Test Refusal (First Degree Misdemeanor):

• Imprisonment: Between sixty days and one year
• Fines: Ranging from $850 to $2,750
• Probation
• House arrest and/or electronic monitoring
• Vehicle forfeiture, if the title is in your name
• Limited driving privileges available after 180 days from the initial charge
• Driver’s license suspension: Two to ten years
• Requirement for yellow DUI license plates
• Mandatory alcohol assessment, education, and treatment
• Installation of an ignition interlock device

First Felony DUI (Fourth Degree Felony):

• Imprisonment: Between sixty days and thirty months
• Fines: Ranging from $1,350 to $10,500
• Vehicle forfeiture, if the title is in your name
• Driver’s license suspension: A minimum of three years, up to a lifetime
• Limited driving privileges available after three years
• Requirement for yellow DUI license plates
• Installation of an ignition interlock device
• Mandatory alcohol and drug addiction program

Second Felony DUI (Third Degree Felony):

• Imprisonment: Between sixty days and five years
• Fines: Ranging from $1,350 to $10,500
• Vehicle forfeiture if you’re the owner
• Driver’s license suspension: A minimum of three years, up to a lifetime
• Limited driving privileges available after three years
• Requirement for yellow DUI license plates
• Installation of an ignition interlock device
• Mandatory alcohol and drug addiction program

If you’re facing DUI charges, it’s crucial to seek the guidance of a professional Wheeling WV criminal lawyer at Mountaineer Criminal Law Group. We strive to understand your case thoroughly and provide you with the best resolution possible. Contact us today to discuss your situation.