DUI Penalties

With no prior DUI cases, the suspected driver may face a jail time of 12 months with a child under 16 years. Along with this, they may face suspension of license, installation of an ignition interlock device and joining classes for education and treatment. For one DUI case, the sentence maybe six months to one year in jail with a fine amount of $1000 to $3000 along with license suspension for one year, installation of an ignition interlock device and joining an alcohol education program. For two or more DUIs the suspected driver may spend one to three years in jail, a fine amount of $3000-$5000, one year of license suspension, ignition interlock device, and joining an education or a treatment program.

Laws in West Virginia include some more penalty sections for convictions based on the levels of alcohol concentration in the blood. Here is what you need to know.

  • commercial drivers facing drunken driving charges usually have BAC or blood alcohol concentration level of .04% or even higher than that. Apart from his, they may have to give up on their license for one to three years if the vehicle is used for carrying hazardous chemicals.
  • The private drivers may also face charges for reckless driving and the police may pull them over when they show a BAC level between .05-.079 per cent.
  • The state of West Virginia shows no tolerance to drivers below 21 years with a BAC level of .02 per cent or even higher and may be convicted or face charges for drunk driving.
  • Those drivers showing a  blood alcohol concentration level of .15% or higher is termed aggravated DYUI and the charges are severe for such a crime. They may end up in jail for two days to six months and pay a fine of $100 to $1000. It may be mandatory for them to install the ignition interlock device.

The DUI drivers causing the death of an individual within a year may face punishment doe 90 days to a year in jail and a fine from $500 to $1000. Along with this, they may face license revocation. For disregarding others during driving, the penalty may go still higher with 10 years in jail and a fineranging between $1000 and $3000. For physical injuries, the individual may face a  jail sentence from a day to a year and a fine amount of $250-$1000.

With no prior DUI cases, the suspected driver may face a jail time of 12 months with a child under 16 years. Along with this, they may face suspension of license, installation of an ignition interlock device and joining classes for education and treatment. For one DUI case, the sentence maybe six months to one year in jail with a fine amount of $1000 to $3000 along with license suspension for one year, installation of an  ignition interlock device and joining an alcohol education program. For two or more DUIs the suspected driver may spend one to three years in jail, a fine amount of $3000-$5000, one year of license suspension, ignition interlock device, and joining an education or a treatment program.

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

  • Commercial drivers may face charges for drunk driving when their BAC levels are higher than .04%. Besides, their licenses may be suspended for a year or three years if they are found to carry hazardous chemicals in the vehicle.
  • For private motorists, the police can get hold of them with charges of reckless driving when the blood alcohol concentration level is between .05 and .079 per cent.
  • West Virginia shows a zero-tolerance policy for drivers less than 21 years showing a BAC level of .02% or higher. They are likely to face charges or may be convicted for drunk and reckless driving.
  • Drivers showing BAC levels going beyond .15% or higher may face severe penalties. For the first-timers committing the offense, this may be termed aggravated DUI and result in six months of jail time and a fine amount between $100 and $1000 or install the ignition interlock device. 

The DUI drivers causing the death of an individual within a year may face punishment doe 90 days to a year in jail and fines from $500 to $1000. Along with this, they may face license revocation. For disregarding others during driving, the penalty may go still higher with 10 years in jail andfines ranging between $1000 and $3000. For physical injuries, the individual may face a jail sentence from a day to a year and a fine amount of $250-$1000.

Drunken Driving Defense

If you are ready to walk free from the DUI charges, consult with our Martinsburg DUI lawyer and a defense attorney in West Virginia. Call us at (304) 381-3656 to schedule an appointment today.

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