West Virginia DUI Penalties | Consequences of Drunk Driving in West Virginia : Jail Time, Fines, License Suspension
First West Virginia DUI:
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Imprisonment: Up to 6 months
- If BAC .15 or higher: 2 days - 6 months
- If Minor Under 16 in Vehicle: 2 days - 12 months
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Fines: $100 - $500
- If BAC .15 or higher: $100 - $1,000
- If Minor Under 16 in Vehicle: $200 - $1,000
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Driver's License Suspension: 15 days
- If BAC .15 or higher: 45 days
- Ignition Interlock Device: Possible
Second West Virginia DUI:
- Imprisonment: 6 - 12 months
- Fines: $1,000 - $3,000
- Driver's License Suspension: 1 year
- Ignition Interlock Device: Required
Third West Virginia DUI (Felony):
- Imprisonment: 1 - 3 years
- Fines: $3,000 - $5,000
- Driver's License Suspension: 1 year
- Ignition Interlock Device: Required
West Virginia DUI Laws - Relevant Statutes
Code of West Virginia
Chapter 17C Traffic Regulations and Laws of the Road
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Article 5 Serious Traffic Offenses
- 17C-5-1 Negligent homicide; penalties
- 17C-5-2 Driving under influence of alcohol, controlled substances or drugs; penalties
- 17C-5-2a Definition of phrase in this State; phrases synonymous with driving under the influence of alcohol; validation of warrants and indictments
- 17C-5-2b Deferral of further proceedings for certain first offenses upon condition of participation in motor vehicle alcohol test and lock program; procedure on charge of violation of conditions
- 17C-5-3 Reckless driving; penalties
- 17C-5-4 Implied consent to test; administration at direction of law-enforcement officer; designation of type of test; definition of law-enforcement officer
- 17C-5-5 Preliminary analysis of breath to determine alcoholic content of blood
- 17C-5-6a Taking a child into custody; driving a motor vehicle with any amount of blood alcohol
- 17C-5-7 Refusal to submit to tests; revocation of license or privilege; consent not withdrawn if person arrested is incapable of refusal; hearing
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Article 5A Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs
- 17C-5A-1 Implied consent to administrative procedure; revocation for driving under the influence of alcohol, controlled substances or drugs or refusal to submit to secondary chemical test
- 17C-5A-1a Revocation upon conviction for driving under the influence of alcohol, controlled substances or drugs
- 17C-5A-2 Hearing; revocation; review
- Article 5B Postmortem Tests for Alcohol in Persons Killed in Motor Vehicle Accidents
- Article5C Office of Administrative Hearings
The skilled West Virginia DUI lawyers on this site can help you with all aspects of your drunk driving arrest including: further information on DUI penalties, fines, and consequences, administrative driver's license suspension or revocation, Under 21 DUI Drunk Driving and Zero Tolerance Laws, SR-22 insurance, DUI School, Mothers Against Drunk Driving (MADD) Victim Impact Panels, how to beat a DUI, Ignition Interlock Devices, SCRAM Continuous Alcohol Monitoring Device, DUI Expungement, DUI Diversion, Community Service, and all other issues surrounding your West Virginia Drunk Driving DUI Arrest.
West Virginia DUI Attorneys can help fight for your Rights following a DUI arrest in Charleston, Huntington, Parkersburg, Wheeling, or anywhere else in West Virginia.