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DUI in West Virginia

DWI in West Virginia

West Virginia drivers that have been charged with a DUI or driving under the influence in West Virginia need the immediate help of a West Virginia DUI lawyer. West Virginia drivers can face both administrative as well as criminal penalties and have only 10 days to challenge the loss of their driver's license.

Do not try to fight a DUI alone. The state of West Virginia considers DUI a very serious offense, and in hopes of curbing alcohol abuse, they have instituted tough DUI penalties which can include:

  • High fines and penalties
  • Suspension of a driver's license
  • Required jail stay
  • Potential installation of an Ignition Interlock Device

In the state of West Virginia, it is illegal for a driver to operate a motor vehicle while they under the influence of alcohol, drugs or any controlled substance. Drivers also may be arrested for DUI or "driving under the influence" if their blood alcohol concentration (BAC) is 0.08% or higher. If a driver's BAC is over the legal limit they do not have to exhibit any mental or physical impairment to be arrested.

Commercial drivers can be arrested if their BAC is 0.04% or higher, and drivers who are under the age of 21 years old can be arrested for DUI if their BAC is 0.02% or higher.

Penalties for DUI in West Virginia

West Virginia DUI laws can be complicated. General information for a DUI conviction is provided below, but drivers should contact their own West Virginia DUI lawyer for information regarding the specifics of their West Virginia DUI case.

First DUI conviction

  • Required jail stay up to 6 months
  • BAC 0.15% or higher -- required jail term for 2 days to 6 months
  • Drivers who have a minor under the age of 16 in the car may be required to serve a jail term for 2 to 12 months
  • Required to pay a fine of $100 to $500
  • BAC 0.15% or higher required to pay a fine of $100 to $1,000
  • Drivers who have a minor under the age of 16 in the car may have to pay a fine of $200 to $1,000
  • Required license suspension of 15 days. Drivers with a BAC of 0.15% or higher may have their license suspended up to 45 days
  • Potential mandatory installation of an Ignition Interlock Device

Second DUI conviction

  • Required jail stay up to 6 months to 12 months
  • Required to pay a fine of $1,000 to $3,000
  • Required license suspension of 1 year
  • Mandatory installation of an Ignition Interlock Device

Third DUI conviction Felony Offense

  • Required jail stay of 1 year to 3 years
  • Required to pay a fine of $3,000 to $5,000
  • Required license suspension of 1 year
  • Mandatory installation of an Ignition Interlock Device

Hiring a West Virginia criminal defense lawyer
West Virginia drivers have the choice of whether or not to hire a West Virginia DUI attorney. A great DUI lawyer can examine evidence, rebut testimony and submit all of the necessary DUI forms. Hiring a West Virginia DUI attorney can make a big difference on your DUI defense and the outcome of your DUI case. Most DUI lawyers will provide a free and confidential initial visit to discuss your case. You do not have to fight your DUI charges alone. Call a West Virginia lawyer today.

West Virginia's implied consent laws
Every driver in West Virginia has implicitly agreed to a blood alcohol test when they applied for their license. If a police officer suspects a driver is DUI they can ask them to take a breath, blood or urine test. West Virginia DUI laws also allow the driver to request a second test which can be conducted at a place the driver chooses. Refusing to submit to a BAC test can result in the loss of the driver's license.

License Revocation in West Virginia
Drivers who continue to drive after a license revocation can suffer severe penalties if they are stopped by a West Virginia police officer. Fines can include imprisonment, vehicle confiscation, high fines and permanent revocation of their license. Continuing to drive is not a good idea. Talk to a DUI lawyer if you have questions about your license suspension or revocation.