What is a DUI in West Virginia?
In West Virginia, a DUI occurs when someone drives a vehicle while impaired by alcohol or drugs. The legal blood alcohol concentration (BAC) limit is 0.08% for most drivers, and if someone is found driving with a BAC above this level, they can be arrested and charged with DUI. However, drivers under the age of 21 have a lower legal BAC limit of 0.02%, while drivers of commercial vehicles face a limit of 0.04%. These strict limits reflect the state’s commitment to keeping its roads safe. The law does not only apply to alcohol impairment but also includes drugs, whether they are illegal substances or prescription medications that impair a driver’s ability to operate a vehicle safely. When a driver is pulled over for suspicion of DUI, they may be asked to take a breathalyzer or a field sobriety test to measure their impairment.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Penalties for a First-Time DUI Offense
A first-time DUI offense in West Virginia is typically classified as a misdemeanor. This means that while the penalties are serious, they are less severe than those for multiple offenses or felony charges. A first-time offender may face fines ranging from $100 to $500. They could also face up to six months in jail, although in many cases, jail time may be reduced or replaced with probation or community service. The driver’s license may also be suspended for a period of six months, or they may be required to participate in an alcohol treatment program. The consequences of a first DUI may seem manageable, but they serve as a warning. West Virginia law is designed to encourage individuals to learn from their mistakes and not repeat the offense. However, if someone is arrested for DUI again, the penalties quickly become more severe.Second and Third DUI Offenses
If a person is convicted of a second DUI offense, the penalties increase significantly. A second offense is still classified as a misdemeanor, but the consequences are harsher than those for a first-time offense. A person convicted of a second DUI offense in West Virginia may face fines ranging from $1,000 to $3,000, and they could spend up to one year in jail. Additionally, their driver’s license may be revoked for a year, and they may be required to install an ignition interlock device on their vehicle. This device ensures that the driver cannot start the vehicle if they have consumed alcohol. A third DUI offense in West Virginia is where the legal consequences become much more serious. At this point, the state considers the repeated offenses a serious threat to public safety. A third DUI conviction is classified as a felony, which carries much steeper penalties than misdemeanors. A person convicted of a third DUI may face a prison sentence of up to three years, along with fines ranging from $3,000 to $5,000. Their driver’s license may be revoked for several years, and they could be required to participate in extensive alcohol treatment programs. Additionally, a felony conviction remains on a person’s criminal record, which can affect their ability to find employment, housing, and other opportunities in the future.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
How Multiple DUIs Lead to Felony Charges
West Virginia law is clear: the more DUI offenses a person is convicted of, the harsher the penalties become. A third DUI offense is automatically classified as a felony, even if no one was injured and no property was damaged during the incident. This is because the state views multiple DUI offenses as a sign that the individual is not taking the legal system seriously and poses a risk to others on the road. The law is designed to protect the public from repeat offenders who continue to drive under the influence despite previous convictions. In addition to a third DUI being classified as a felony, there are other factors that could lead to felony DUI charges even for first or second-time offenders. For example, if someone is driving under the influence and causes an accident that results in serious injury or death, they could be charged with a felony, even if it is their first offense. Additionally, if a person is arrested for DUI while driving with a suspended or revoked license, they could face felony charges as well. West Virginia law takes DUI offenses seriously because of the dangers that impaired drivers pose to everyone on the road. The goal of these laws is to discourage repeat offenses and ensure that people who drive under the influence are held accountable for their actions.The Long-Term Impact of a Felony DUI Conviction
A felony conviction can have a lasting impact on a person’s life, even after they have served their prison sentence or paid their fines. In addition to the immediate legal penalties, a felony DUI conviction will remain on a person’s criminal record for the rest of their life. This means that any time they apply for a job, housing, or even certain loans, their felony record may be a factor that employers, landlords, or lenders consider. In West Virginia, it is also important to understand that a felony DUI conviction may lead to additional legal consequences, such as the loss of certain civil rights. For example, a person convicted of a felony may lose the right to vote or possess firearms. They may also face restrictions when it comes to obtaining professional licenses or certifications. A person convicted of a felony DUI may also have trouble getting their driver’s license reinstated. After serving their sentence, they may be required to go through a lengthy process to prove that they are no longer a danger to others on the road. This may include mandatory participation in alcohol treatment programs, the installation of an ignition interlock device, and frequent testing to ensure they are not drinking or using drugs.Related Videos
What are the penalties for a DUI conviction?
What happens if I'm arrested for a first DUI?