West Virginia DUI Penalties

West Virginia’s DUI law, like most other states, is grounded in the belief that an individual can be prosecuted for driving drunk if they violate one of two legal concepts. The first theory states that an individual can be charged with a DUI if they break the state’s “per se” law. The “per se” law is rooted in the ideal that an individual with a blood alcohol content (BAC) of .08 percent or higher is intoxicated and unable to drive properly.

However, the second legal concept simply states that an individual under the influences of intoxicant is mentally and physically impaired, and therefore should not be allowed to drive.

In order to better understand the state’s DUI law, it should be understood that the first legal concept focuses more so on punishing those drivers whom are only technically (in the legal sense) intoxicated, while the second is concerned more so with those whom are obviously and therefore seriously impaired.

Penalties for first time DUI offense

The penalties for a first time offense vary, but may include a jail sentence of a minimum of 24 hours up to 6 months, and a fine of $100 up to $500. It should also be noted that an individual might also have to pay “court costs” as well.

Second DUI Offense Penalties

The penalties for a second DUI offense are much more stringent then those for a first time offense, as an offender may be charged with such penalties as a jail sentence of 6 months up to 1 year, a fine of $1,000 up to $3,000, and the need to pay the court’s “costs/surcharges” as well.

Penalties for Third DUI offense

For a third offense, the penalties may be a jail sentence for 1 up to three years, a fine of $3,000 up to $5,000, and the need to cover some of the court’s expenses.

Though the penalties for a DUI in the state of West Virginia are somewhat daunting and difficult to deal with, contacting a DUI defense lawyer can actually aid a defendant greatly. Therefore, if you are charged with driving drunk in the state of West Virginia, it is highly recommended that you contact a DUI Defense lawyer immediately upon being charged.