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DUI Penalties in West Virginia

Potential WV DUI Penalties

In West Virginia, if you are a non-aggravated first-time DUI offender the penalties can be up to 6 months in jail, up to $500 in fines, and license suspension or the installation of an Interlock Ignition Device. If you have been convicted of a second DUI, the penalties are 6 months to 1 year in jail and up to $3,000 in fines, along with lengthier license suspension or ignition interlock periods.

The penalties become stiffer with the amount of DUIs one accumulates considering the 10 year look back period in West Virginia.

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.

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 $1,000 and $3,000 dollars.

Driver’s License Suspension

Then there is the matter of your driver’s license. West Virginia's single court system handles all aspects of DUI cases, both the criminal penalty and the driver's license penalty. This means you cannot receive one punishment without the other. If you are not convicted of a DUI, you will not face any criminal penalty or license suspension period. Conversely, if you are convicted, your conviction determines the length of your license suspension on top of your other criminal penalties.

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.

10 Year Look Back Period for DUIs in West Virginia

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.
  • DUI Felony 3rd Offense (Berkeley Springs, WV) Not Guilty
  • DUI Felony Fleeing / Attempted Murder by Vehicle (Romney, WV) Dismissed
  • .08 DUI Causing Death case (Clarksburg, WV) Dismissed
  • .14 Felony DUI Causing Death Case (Martinsburg, WV) Reduced to Misdemeanor
  • DUI 1st (Morgantown, WV) Dismissed
  • DUI 1st (Morgantown, WV) Dismissed
  • DUI 1st (Martinsburg, WV) Dismissed
  • DUI 1st (Morgantown, WV) Dismissed
  • DUID 1st (West Virginia) Dismissed
  • DUI 1st (St. Mary’s, WV) Dismissed

Why Trust Harley Wagner?

  • Over 21 Years of Experience
  • More Than 3,000 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