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DUI Penalties

Prior DUIsPenalties – .08-.149 percent Blood Alcohol Content (BAC)
NoneUp to six months in jail (or two days to 12 months in jail if minor under 16 was in the vehicle); $100-$500 fine (or $200-$1,000 if minor under 16 was in the vehicle); six-month license suspension; ignition interlock possible; possible alcohol education and treatment program
OneSix months to one year in jail; $1,000-3,000 fine; one-year license suspension; ignition interlock required; possible alcohol education and treatment program
Two or moreFelony offense. One to three years in jail; $3,000-$5,000 fine, one-year license suspension; ignition interlock required; possible alcohol education and treatment programs.

West Virginia has additional categories of penalties for convictions at other blood alcohol content (BAC) levels. Consider:

  • Commercial drivers can be convicted of drunk driving for having BACs of .04 percent or greater. They can also have their licenses suspended for one year; three years if they transported hazardous chemicals at the time of the offense.
  • Private motorists can be cited for impaired driving and could face a charge of reckless driving after demonstrating .05-.079 percent BACs.
  • Due to West Virginia’s “zero tolerance” policy, under-21 drivers demonstrating BACs of .02 percent or greater can be charged with and convicted of drunk driving.
  • Drivers who demonstrate “enhanced” BACs of .15 percent or greater face significantly increased penalties. For a first-time DUI arrest, this “aggravated DUI” can translate into two days to six months in jail, a $100-$1,000 fine; 45 days in jail, plus the possibility of a mandatory ignition interlock.
  • DUI drivers who cause or contribute to the death of another person within one year of the offense can face penalties of 90 days to one year in prison, a fine of $500-$1,000 and have their driver’s licenses revoked for five years. If “reckless disregard” for others’ safety can be proven, the penalties increase to 10 years in prison, a $1,000-$3,000 and 10 years in prison.
  • DUI drivers who cause bodily injury to another person face one day to one year in jail, a fine of $250-$1,000 and a two-year driver’s license revocation.
Prior DUIsPenalties – .08-.149 percent Blood Alcohol Content (BAC)
NoneUp to six months in jail (or two days to 12 months in jail if under 16 was in the vehicle); $100-$500 fine (or $200- $1,000 if minor under 16 was in the vehicle); six-month license suspension; ignition interlock possible; possible alcohol education and treatment program minor
OneSix months to one year in jail; $1,000-3,000 fine; one-year license suspension; ignition interlock required; possible alcohol education and treatment program
Two or moreFelony offense. One to three years in jail; $3,000-$5,000 fine, one-year license suspension; ignition interlock required; possible alcohol education and treatment programs.

West Virginia has additional categories of penalties for convictions at other blood alcohol content (BAC) levels. Consider:

  • Commercial drivers can be convicted of drunk driving for having BACs of .04 percent or greater. They can also have their licenses suspended for one year; three years if they transported hazardous chemicals at the time of the offense.
  • Private motorists can be cited for impaired driving and could face a charge of reckless driving after demonstrating .05-.079 percent BACs.
  • Due to West Virginia’s “zero tolerance” policy, under-21 drivers demonstrating BACs of .02 percent or greater can be charged with and convicted of drunk driving.
  • Drivers who demonstrate “enhanced” BACs of .15 percent or greater face significantly increased penalties. For a first-time DUI arrest, this “aggravated DUI” can translate into two days to six months in jail, a $100- $1,000 fine; 45 days in jail, plus the possibility of a mandatory ignition interlock.
  • DUI drivers who cause or contribute to the death of another person within one year of the offense can face penalties of 90 days to one year in prison, a fine of $500-$1,000 and have their driver’s licenses revoked for five years. If “reckless disregard” for others’ safety can be proven, the penalties increase to 10 years in prison, a $1,000-$3,000 and 10 years in prison.
  • DUI drivers who cause bodily injury to another person face one day to one year in jail, a fine of $250- $1,000 and a two-year driver’s license revocation.
Drunk Driving Defense

For a free consultation with an effective West Virginia DUI defense attorney, contact us online today, or by calling (304) 584-DUI1.

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