West Virginia Aggravated DUI Attorney

What Is Aggravated DUI in WV?

An aggravated DUI is an added “type” of DUI charge that focuses on motorists arrested for DUI who have higher than average BAC levels. This enhanced DUI statute increases mandatory penalties for both first-offense and repeat-offense DUI. In West Virginia, aggravated drunk driving refers to convictions where the driver's blood alcohol concentration (BAC) was above 0.15%. An aggravated DUI is generally charged as a misdemeanor unless there are previous DUI convictions or other aggravating factors present.

Other factors that can influence a DUI charge becoming a aggravated DUI charge include:

• Death or injury caused by the DUI
• Having minors in the vehicle
• DUI while driving with a suspended or revoked license
• Speeding

Of course, a DUI can also result from driving under the influence of drugs with no alcohol, but the WV Code has no similar enhanced penalty statutes for any DUI-drugs offense. However, state laws already sanction a DUI-drugs conviction more harshly by taking away all driving privileges for a longer period of time.

Simply stated, since driving is a privilege, and not a constitutionally protected right, each state determines its rules for anyone driving on that state’s highways. For high alcohol content DUI cases, it is in your best interest to seek immediate legal advice from a highly experienced aggravated DUI lawyer in West Virginia.

Request your free case review with our leading aggravated DUI attorneys in West Virginia by calling (304) 461-6000 or contacting us online today!

What are the Penalties for Aggravated DUI in West Virginia?

Aggravated DUI convictions are generally charged as misdemeanors unless there other aggravating factors present or prior DUI convictions. The state’s mandatory minimum penalties will be increased for an aggravated DUI.

You could be facing:

• Jail time - between 48hours - 6 months
• Fines - between $200 - $1,000
• License suspension
• Mandatory ignition interlock device installation

The Origins of Aggravated DUI Charges

Over three decades ago, NHTSA (the National Highway Traffic Safety Administration) began a campaign to push all states’ legislatures to add enhanced impaired driving offenses for drivers whose alcohol content was 0.15% or more from a post-arrest forensic breath alcohol test or blood alcohol test. The concept was simple: Intoxicated drivers who egregiously drank to excess and got behind the wheel were statistically proven to be a greater risk to the public.

In 1964, the Grand Rapids study – although flawed in many ways from a reliability standpoint – showed a significant increase in fatalities for motorists who had alcohol content levels of 0.08 percent or higher. Plus, the higher the DUI accident driver’s BAC level, the corresponding percentage of deaths in DUI crashes was consistently higher.

Contact The Wagner Law Firm to learn more about aggravated DUI charges. Call (304) 461-6000.