The exact level of West Virginia drunk driving penalties depend upon the type of dui offence committed, such as whether there are aggravating factors involved or not. In most cases, the punishments have been described in ranges, which means you can get the maximum level, the minimum level of punishments, or just somewhere in between.
First Dui Conviction In West Virginia
The following West Virginia drunk driving penalties are imposed for the first time conviction in a dui case in this state.
- If the level of blood alcohol concentration is 0.15 or higher, you will face revocation of your driver’s license for a period of forty-five days.
- If concentration level of blood alcohol is under 0.15, your driving license will revoked for fifteen days only.
- If an under-16 child was in the vehicle, $200 – $1,000 of monetary fine.
- If BAC is 0.15 or higher, $100 – $1,000 of monetary fine
- If no aggravating factors are present, $100 to $500 of monetary fine
- If you were caught driving under the influence of alcohol while an under-16 child was one of the passengers, you can be sent to jail imprisonment for a period of up to one year, out of which at least two days are mandatory.
- If BAC level recorded at the time of the dui arrest was 0.15 or higher, you will face up to six months of jail term; minimum two days in jail is again mandatory (there is no way to avoid it).
- If no aggravating factors are involved, the jail term is not mandatory, but there is still a provision of up to six months in prison.
Second Dui Conviction In West Virginia
When you get convicted for the second time, you should expect these West Virginia drunk driving penalties.
- Regardless of BAC level, your driving license is revoked for a period of twelve months. The state laws do not provide any option to apply for a restricted license (not even work permit) during the suspension period.
- Even after the suspension period is over, you will have to first install ignition interlock devices in all your vehicles in order to qualify for license reinstatement.
- The court will charge you a monetary fine of up to three thousand dollars. The minimum fine is $1000, which is mandatory.
- You will also have to spend up to twelve months in jail imprisonment, out of which at least six months are mandatory.
Third Dui Conviction In West Virginia
A third-time dui offence is treated as a felony and attracts the following West Virginia drunk driving penalties.
- Suspension of driving license for 365 days
- Ignition interlock device will be required for license reinstatement.
- Up to $5000 of monetary fine, out of which minimum $3000 is mandatory
- Up to three years in jail imprisonment; minimum one year of jail term is mandatory
Since the exact level of West Virginia drunk driving penalties are determined on the basis of types of factors involved in the case, only an experienced West Virginia dui attorney can get you a more clear picture on the punishments and consequences waiting for you in your specific dui case. The above details are just to provide you a general overview. You are advised to consult your lawyer to get more detailed information.