What Are the Penalties for a First Offense DUI?

Driving under the influence of drugs or alcohol can be extremely dangerous, which is why state law comes down so severely on those suspected of drinking and driving.

What Are the Penalties for a First Offense DUIAn impaired driver doesn’t only endanger himself, he also puts passengers, other drivers, and pedestrians in danger. Because the state takes these crimes so seriously, it is extremely important to act fast to defend your interests and your future, especially if you were wrongly accused. DUI penalties can be extremely severe, even for first time offenders, but if your BAC was especially high, or if there was severe property damage or personal injury, the consequences can be even more harsh.

A standard first offense DUI conviction typically results in the following:

  • Up to 6 months in jail for a blood alcohol concentration (BAC) greater than .15%

    • Upon your arrest, the officer will measure your BAC to determine the amount of alcohol in your system. If the BAC measures less than .15%, there is no minimum jail sentence for a first offender. However, drivers with a greater BAC can face a minimum of 48 hours, but no more than 6 months in jail.

  • Up to $1,000 in fines

    • The legal fines for DUI can vary depending on the driver’s BAC. If the driver’s BAC is below .15%, the fines will be up to $500, whereas a BAC greater than .15% can result in fines up to $1,000.

  • Installation of an Ignition Interlock Device (IID)

    • The IID will be installed in your vehicle to monitor your alcohol levels for a minimum of 125 days. This divide prevents a driver from starting their vehicle if they have a notable level of alcohol on their breath.

  • Enrollment in an Alcoholic Abuse Course

    • The court may require the driver to complete an alcoholic abuse course, but not always.

  • DMV Driver’s License Suspension Action

    • After a DUI arrest, the DMV will take a license suspension action against you, which can result in the revocation of your driver’s license for up to 45 days. This time frame may vary depending on whether your DUI charges are aggravated or not. Also, if you complete a DMV-ordered treatment program, you may be able to recover your license sooner.

The penalties for a first offense DUI can be steep, not just legally, but personally and financially as well. A DUI could jeopardize your current job, and may harm future prospective employment. Plus, costly fines can add up, and the other penalties can further harm your reputation, and interfere with your day-to-day life. If you were arrested for DUI, make sure you contact an attorney with the knowledge and experience to help you.

At The Wagner Law Firm, we’re passionate about fighting for the rights of the wrongly accused. We know how fickle BAC tests can be, and we know what’s at stake if you’re facing DUI charges. Our ultimate goal is to defend your best interest and help you get back on your feet.

Ready to get started? Call our attorneys at The Wagner Law Firm today at (304) 461-6000.

Harley Wagner Avatar

Harley Wagner

Attorney Thomas M. Cooley School of Law, National College for DUI Defense, West Virginia State Bar

Harley has represented over 3,000 citizens throughout West Virginia. He is the author of West Virginia DUI Defense, The Law and Practice, which is the go to handbook for many magistrates, judges, defense attorneys, prosecutors, and law enforcement throughout West Virginia. has been selected for inclusion in West Virginia Super Lawyers® eight times.

He maintains an AV Preeminent® Rating by with Martindale-Hubbell®, an Avvo Rating of 10.0, and an excellent annual rating from the Better Business Bureau.

Harley is also the past president of the national DUI Defense Lawyers Association (2020-2021) which he was Charter Member and founder of in 2014

Areas of Expertise: DUI Defense, Aggravated DUI, Alternative Sentencing, Boating Under the Influence, Commercial License DUI, DMV Hearings, DUI Drugs, DUI with Injury, DUI Causing Death, Out-of-State Resident DUI, DUI Immigration Consequences, DUI with Minor in Vehicle, DUI Child Endangerment, Fleeing a DUI, Felony DUI, Permitting DUI, Underage DUI, Multiple DUI, First-Offense DUI, Second-Offense DUI, Third-Offense DUI, DUI Testing, Field Sobriety Tests, Breathalyzer, Blood Testing, DUI Info Center, College Student DUI, DUI Checkpoints, DUI Court Dates, DUI Deferral Program, Implied Consent, Test & Lock Program, FAQ, DUI Penalties, Administrative License Revocation, Ignition Interlock Device, License Suspension