|Prior DUIs||Penalties – .08-.149 percent Blood Alcohol Content (BAC)|
|None||Up 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|
|One||Six 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 more||Felony 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.