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DUI Penalties in West Virginia

The Potential Consequences of a DUI Arrest & Conviction

Your life has been turned upside down by your DUI arrest. There is so much at risk for you right now. If you are convicted, penalties could be severe. Repeat offenders could spend years behind bars.

Even first-time drunk driving offenders are at risk of going to jail. Plus, your driver’s license may have already been suspended, and it could be for a lifetime if you don’t get a good West Virginia DUI lawyer on your side right away.

Harley Wagner has 22 years of experience fighting DUI cases in West Virginia. He can fight to get you a favorable outcome in your case.

Contact The Wagner Law Firm to learn more about your options and the potential penalties you face. Call (304) 461-6000.

What You Could Be Facing

What penalties are possible after a conviction? A lot depends on your history with getting DUIs. If you are a first-time offender, you could spend a minimum of one day in jail up to a maximum of six months behind bars. You could also be fined anywhere from $100 to $500.

If you have been convicted once before, the penalties go up. A second DUI offense could land you in jail for as little as six months and as long as one year.

Is a DUI a Misdemeanor or a Felony?

First and second DUI charges in West Virginia are considered misdemeanors, but your third offense is a felony. Penalties for a third DUI include a minimum of two years in prison to as much as five years behind bars.

If your impaired driving resulted in the death of another person, you could spend 3 to 15 years in the state penitentiary and be fined between $3,000 and $5,000 dollars.

Driver’s License Suspension

Then there is the matter of your driver’s license. In addition to a criminal case, you will have a separate hearing with the DMV in which your driver’s license suspension will be determined.

Your license suspension depends on how many times you have been convicted of a DUI in West Virginia. It also matters if you agreed to submit to breath testing or not. Note that if you refused to blow and you have multiple DUIs in your past, your license could be gone forever.

This is a key reason that you need The Wagner Law Firm on your side. Harley Wagner has a lot of experience fighting for justice in drunk driving cases. He also knows how to help save your license and reduce the amount of time it will be suspended.

Remember that in West Virginia, you cannot get a temporary permit to drive to and from work, so it is essential to have the right lawyer fighting to get your license back.

Increased Penalties for Repeat Offenses

It’s important to note that in West Virginia, your prior offenses matter a great deal when determining penalties. According to West Virginia DUI laws, there is a 10-year look-back period for DUIs. That means if you have a prior DUI offense that happened more than 10 years ago, your new DUI charge will be considered a first offense.

However, if you have one or more DUI within 10 years, your current case will be considered a second DUI or third (felony) DUI.

There is so much at risk for you right now. That’s why you need to enlist the help of a skilled West Virginia drunk driving lawyer like Harley Wagner. Harley runs the only DUI law firm in the entire state of West Virginia that is completely dedicated to DUI defense.

Meet with Harley to discuss your case during a free consultation. Call (304) 461-6000 to schedule yours. Harley serves Berkeley, Jefferson, and Monongalia counties and all of West Virginia.

Case Results

With decades of legal experience and over 800 hours of DUI defense training, Harley Wagner knows how to fight DUI charges effectively. Read The Wagner Law Firm's recent case results to learn more about Harley's past successes.
  • Dismissed .08 DUI Causing Death case (Clarksburg, WV)
  • Reduced to Misdemeanor .14 Felony DUI Causing Death Case (Martinsburg, WV)
  • Charge Reduced Aggravated DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Martinsburg, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (St. Mary’s, WV)
  • Dismissed DUI 1st (West Virginia)
  • Not Guilty DUI 1st. (Martinsburg, WV)
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Why Trust Harley Wagner?

  • Over 20 Years of Experience
  • More Than 2,500 DUI Cases Handled
  • Performed 800 Hours of DUI Defense Training
  • Award Winning Representation
  • Faculty Member at DUI Defense Lawyers Association
  • Author of West Virginia's Preeminent DUI Book: West Virginia DUI Defense: The Law and Practice
Looking Forward to Helping You

Call 304-461-6000 To Get Started