West Virginia Drunk Driving Laws
Drunk driving or drugged driving is prohibited in all states, including West Virginia. A driver who is convicted of driving under the influence (DUI) in West Virginia faces severe fines and penalties, including jail time as well as loss of driving privileges. Even a driver who is acquainted with West Virginia DUI laws should review the current situation. DUI statutes were redesigned in 2020, including the elimination of the administrative tier of punishment, as well as other significant changes.
What Happens To First Time Offenders in West Virginia?
The moment your blood alcohol content or BAC reaches .10 percent or higher, you may be convicted with a DUI offense in West Virginia. However, if your blood alcohol content is just at .05 percent but not higher than .10 percent, you may still be found guilty for DUI but this would be determined by your ability to drive. Therefore, there are still some chance for you to lose your license the minute you are proven to be driving under the influence of alcohol or drugs at that.
First WV DUI Offender Penalties
- Jail – You may be put to jail for a day or up to six months. The mandatory minimum is usually just a day.
- Fines – You may be charged with between the amount of $100 to $500 that of which your mandatory minimum is $100.
West Virginia Aggravated DUI
States have adopted aggravated DUIs and ruthlessly prosecute them ever since the NHSA’s initiatives to provide harsher penalties for accidents involving drivers with a high BAC. The majority of the research behind the NHSA’s campaign focused on the rise in fatalities among drivers with BACs greater than 0.08%.
An aggravated DUI is a new “type” of DUI charge that targets drivers arrested for DUI with higher-than-average BAC levels. The mandatory penalties for first-time and repeat-offender DUI are increased under this enhanced DUI statute. In West Virginia, aggravated drunk driving convictions are those in which the driver’s blood alcohol concentration (BAC) was greater than 0.15%. Unless there are prior DUI convictions or other aggravating factors, an aggravated DUI is usually charged as a misdemeanor.
Drivers charged with aggravated DUI in West Virginia may face the following penalties:
- Up to six months in jail
- Mandatory ignition interlock device installation
- License suspension
The severity of your punishment is determined by your prior record, which includes the number of DUIs you’ve received. If this is your first offense, the court may impose penalties such as driving school and license suspension to help you improve your driving habits.
Get West Virginia DUI Help
Your driver’s license may also be suspended from six months to up to a year. A reinstatement fee of $65 may also be charged to you.
Community Service – You may also be mandated to serve a community service as an alternative to imprisonment.
Assessment – You are required to have an alcohol assessment test in order to determine the extent of your drinking habits. You will also be required to pay for such an assessment.
Education / Treatment – The moment your license is revoked for a driving under the influence charge, you would then be required to complete a prescribed Safety and Treatment program before you will once again be allowed to reinstate your driving privileges. You will also pay for the fees of this program.
Underage DUI in West Virginia
If you are under the age of 21 and are stopped by an officer and have any measurable amount of alcohol in your system, you will be charged with violating West Virginia’s “zero tolerance” law for underage drinking while driving.
Under 21 – If you happen to be under the age of 21, you will automatically lose your driver’s license for a good number of sixty days if any percentage of alcohol is found in your blood.
Under 18 – If you happen to be eighteen years old or younger, a blood alcohol content in your system would result to the revocation of your driver’s license. Once you reach legal age, you will be given necessary sanctions. In the meantime, you may be put to suspension too.
A first offense violation will result in fines of $25 to $100 and the suspension of your license for 60 days. A second offense underage will result in a fine of $100 to $500, 24 hours in jail, and your license being revoked until either your 21st birthday or one year, whichever is longer. As part of the West Virginia Test & Lock Program, you will be required to have an ignition interlock device fitted on your vehicle as part of the license reinstatement process.
DUI Test Refusal
Once you refuse any mandatory test for the breath, blood, or urine, you will be suspended of your license as well for a good one year’s worth. You must submit an alcohol education or treatment program if you refuse to subject yourself to any kind of test for that matter.
Hire an Experienced West Virginia DUI Attorney
Once you are charged with a driving under the influence or DUI offense in West Virginia State, you only have two best options that you can take on:
First is to take your driving under the influence or DUI case very seriously because there is no denying the fact that it is a very serious case. This is because every person who is convicted with a DUI charge will no longer find it possible to be hired for a job and would find it less likely possible to be able to gain personal freedom and enjoy it for that matter. What’s far worse is that they too would find it difficult to take care of their own future.
Second important thing that you have to do is simply to hire the services of an experienced and well trained driving under the influence lawyer or attorney in the state of West Virginia who can take good care of your case and protect you from any possible convictions as well as fines. When you hire a trained lawyer or attorney, you can be provided with the best results that you can ever find and hope for. This way you can be certain that never again would you have to worry about anything else for that matter. You would find that the result of your case and your sanctions will greatly improve, to a point wherein you may no longer have any sanctions at all.
So there’s no need for you to second guess whether or not you need an experienced driving under the influence or DUI lawyer or attorney to man your case because you certainly do. You may simply call and schedule an appointment for your initial interview for which you wouldn’t be charged of anything at all.