Answer:
In West Virginia, like a lot of states these days, we have what we call different levels of DUI charges. You can have never been charged with a DUI before in your life. You get a DUI charge, you submit to chemical testing, blood, breath, or they get a search warrant for your blood, which can be done, and the alleged blood alcohol concentration is high, above
In West Virginia, like a lot of states these days, we have what we call different levels of DUI charges. You can have never been charged with a DUI before in your life.
You get a DUI charge, you submit to chemical testing, blood, breath, or they get a search warrant for your blood, which can be done, and the alleged blood alcohol concentration is high, above a . 15 in West Virginia.
The legal limit is . 08.
What we say in our line of work is 8 and 15. If your BAC is alleged to have been a 15 or higher, in West Virginia, that’s called aggravated.
In states like Arizona, they have super aggravated. These come with more draconian penalties, potential interlock period in your car, the blow-and-go, how long it goes in the car, mandatory minimum jail.
In West Virginia, an aggravated DUI, if you’re convicted at that level, has a mandatory minimum 48 hours in jail, up to six months. You get the blow-and-go in your car for a lot longer than a non-aggravated level.
A refusal of the breath machine post a lawful arrest has longer blow-and-go penalties on a first offense. There’s different types of ramifications that can befall you on a first offense.
Aggravated DUI is absolutely one of them, and that’s why it’s important you have an experienced DUI attorney on your side that knows how to defend every aspect of any type of DUI case. Give us a call if you need help.
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