DWI/DUI - Drunk Driving Laws And Attorneys In West Virginia
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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WEST VIRGINIA DRIVING UNDER THE INFLUENCE (DUI)
LAW
In West Virginia, a BAC of more than 0.05% and less than 0.08% is
relevant evidence to presume that a person is driving while his or her
ability to drive is impaired. If a driver’s BAC is 0.08% or more, he or she
is presumed to be driving under the influence. Be aware, however, that
under the West Virginia law, your driver’s license can be revoked if your
BAC is less than 0.08%.
West Virginia has a zero tolerance law for drivers under the age of 21
who unwisely and illegally choose to drive with any measurable alcohol
in their system. This means that if you are under the age of 21 and any
amount of alcohol is found in your system, you will lose your driver’s
license.
If you are arrested for DUI, you are subject to the Implied Consent Law.
As a driver, you are deemed to have given consent to take the
designated breath test for purposes of determining alcohol content in
your body. If you refuse to take the breath test, your privilege to operate a
motor vehicle will be revoked for a period of one year and up to life.
Note: Anytime your license is revoked or suspended for DUI, you must
complete a prescribed Safety and Treatment program before you will be
eligible to reinstate your driving privileges.
DUI Penalties And Fines In West Virginia
Zero tolerance (Under 21 w/any measurable alcohol)
a) Fines: $25 to $100
b) Minimum Revocation Periods: 30 days
Zero tolerance - 2nd offense
a) Jail: 24 hours
b) Fines: $100 to $500 fine
c) Minimum Revocation Periods: 60 days or until 18th birthday,
whichever is greater
DUI - alcohol or drugs w/BAC less than .15 or knowingly permitting -
1st offense
a) Jail: Up to 6 months
b) Fines: $100 to $500
c) Minimum Revocation Periods: 15 days
DUI - alcohol or drugs w/BAC .15 or above - 1st offense
a) Jail: 2 days 6 months
b) Fines: $100 to $1000
c) Minimum Revocation Periods: 45 days
DUI - with implied consent - 1st offense
a) Jail: 24 hours to 6 months
b) Fines: $100 to $500
c) Minimum Revocation Periods: 45 days
DUI w/Child Endangerment
a) Jail: 2 days to 12 months
b) Fines: $200 to $1000
c) Minimum Revocation Periods: 60 days
DUI w/bodily injury
a) Jail: 24 hours to 12 months
b) Fines: $200 to $1000
c) Minimum Revocation Periods: 60 days
DUI w/Death - misdemeanor
a) Jail: 90 days to 12 months
b) Fines: $500 to $1000
c) Minimum Revocation Periods: 1 year
DUI w/Death - felony
a) Jail: 2 - 10 years
b) Fines: $1000 to $3000
c) Minimum Revocation Periods: 1 year
DUI - 2nd offense
a) Jail: 6 months to 12 months
b) Fines: $1000 to $3000
c) Minimum Revocation Periods: 1 year
DUI - 3rd or subsequent offense
a) Jail: 1 to 3 years
b) Fines: $3000 to $5000
c) Minimum Revocation Periods: 1 year
Note: Minimum revocation periods are based upon participation in the
WV Alcohol Test and Lock Program (Interlock). Participation in the
Interlock program may be an option for some DUI offenders, while for
others it is a mandatory requirement depending on the type of offense.
Interlock is a mandatory requirement for any offender whose license is
revoked for two or more alcohol-related offenses within a ten-year
period. Participation periods vary depending on type and number of
offenses. Individuals revoked for driving under the influence of a
controlled substance or drugs are not eligible to participate in this
program and must serve the minimum revocation period of 6 months
and up to life, depending on the number of previous DUI’s.
Driving While License Is Revoked or Suspended
Revocation and suspension periods vary depending on the offense. The
penalty for driving while your license is revoked on a DUI is a mandatory
minimum jail sentence of 30 days to six months. The law also requires
that your driving privileges be revoked for an six months.
Commercial Drivers (CDL) In West Virginia
Any person is disqualified from driving a commercial motor vehicle for
driving a motor vehicle under the influence of alcohol or a controlled
substance or .04% BAC or higher.
a) For a first conviction or for refusal to submit to any designated
secondary chemical test while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for a period of one year.
b) For a first conviction or for refusal to submit to any designated
secondary chemical test while operating a noncommercial motor
vehicle, a commercial driver's license holder shall be disqualified
from operating a commercial motor vehicle for a period of one
year.
c) For a first conviction or for refusal to submit to any designated
secondary chemical test while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F, a driver shall be disqualified
from operating a commercial motor vehicle for a period of three
years.
d) For a second conviction or for refusal to submit to any designated
secondary chemical test in a separate incident of any combination
of offenses in this subsection while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for life.
e) For a second conviction or refusal to submit to any designated
secondary chemical test in a separate incident of any combination
of offenses in this subsection while operating a noncommercial
motor vehicle, a commercial motor vehicle license holder shall be
disqualified from operating a commercial motor vehicle for life.
Commercial Drivers Prohibited from Operating with Any Alcohol in
System:
a) Notwithstanding any other provision of law, no person may drive,
operate, or be in physical control of a commercial motor vehicle while
having any measurable alcohol in his/her system.
b) A person who drives, operates, or is in physical control of a motor
vehicle while having any measurable alcohol in his or her system, or
who refuses to take a preliminary breath test to determine their alcohol
content must be placed out-of-service for twenty-four (24) hours.
LAW
In West Virginia, a BAC of more than 0.05% and less than 0.08% is
relevant evidence to presume that a person is driving while his or her
ability to drive is impaired. If a driver’s BAC is 0.08% or more, he or she
is presumed to be driving under the influence. Be aware, however, that
under the West Virginia law, your driver’s license can be revoked if your
BAC is less than 0.08%.
West Virginia has a zero tolerance law for drivers under the age of 21
who unwisely and illegally choose to drive with any measurable alcohol
in their system. This means that if you are under the age of 21 and any
amount of alcohol is found in your system, you will lose your driver’s
license.
If you are arrested for DUI, you are subject to the Implied Consent Law.
As a driver, you are deemed to have given consent to take the
designated breath test for purposes of determining alcohol content in
your body. If you refuse to take the breath test, your privilege to operate a
motor vehicle will be revoked for a period of one year and up to life.
Note: Anytime your license is revoked or suspended for DUI, you must
complete a prescribed Safety and Treatment program before you will be
eligible to reinstate your driving privileges.
DUI Penalties And Fines In West Virginia
Zero tolerance (Under 21 w/any measurable alcohol)
a) Fines: $25 to $100
b) Minimum Revocation Periods: 30 days
Zero tolerance - 2nd offense
a) Jail: 24 hours
b) Fines: $100 to $500 fine
c) Minimum Revocation Periods: 60 days or until 18th birthday,
whichever is greater
DUI - alcohol or drugs w/BAC less than .15 or knowingly permitting -
1st offense
a) Jail: Up to 6 months
b) Fines: $100 to $500
c) Minimum Revocation Periods: 15 days
DUI - alcohol or drugs w/BAC .15 or above - 1st offense
a) Jail: 2 days 6 months
b) Fines: $100 to $1000
c) Minimum Revocation Periods: 45 days
DUI - with implied consent - 1st offense
a) Jail: 24 hours to 6 months
b) Fines: $100 to $500
c) Minimum Revocation Periods: 45 days
DUI w/Child Endangerment
a) Jail: 2 days to 12 months
b) Fines: $200 to $1000
c) Minimum Revocation Periods: 60 days
DUI w/bodily injury
a) Jail: 24 hours to 12 months
b) Fines: $200 to $1000
c) Minimum Revocation Periods: 60 days
DUI w/Death - misdemeanor
a) Jail: 90 days to 12 months
b) Fines: $500 to $1000
c) Minimum Revocation Periods: 1 year
DUI w/Death - felony
a) Jail: 2 - 10 years
b) Fines: $1000 to $3000
c) Minimum Revocation Periods: 1 year
DUI - 2nd offense
a) Jail: 6 months to 12 months
b) Fines: $1000 to $3000
c) Minimum Revocation Periods: 1 year
DUI - 3rd or subsequent offense
a) Jail: 1 to 3 years
b) Fines: $3000 to $5000
c) Minimum Revocation Periods: 1 year
Note: Minimum revocation periods are based upon participation in the
WV Alcohol Test and Lock Program (Interlock). Participation in the
Interlock program may be an option for some DUI offenders, while for
others it is a mandatory requirement depending on the type of offense.
Interlock is a mandatory requirement for any offender whose license is
revoked for two or more alcohol-related offenses within a ten-year
period. Participation periods vary depending on type and number of
offenses. Individuals revoked for driving under the influence of a
controlled substance or drugs are not eligible to participate in this
program and must serve the minimum revocation period of 6 months
and up to life, depending on the number of previous DUI’s.
Driving While License Is Revoked or Suspended
Revocation and suspension periods vary depending on the offense. The
penalty for driving while your license is revoked on a DUI is a mandatory
minimum jail sentence of 30 days to six months. The law also requires
that your driving privileges be revoked for an six months.
Commercial Drivers (CDL) In West Virginia
Any person is disqualified from driving a commercial motor vehicle for
driving a motor vehicle under the influence of alcohol or a controlled
substance or .04% BAC or higher.
a) For a first conviction or for refusal to submit to any designated
secondary chemical test while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for a period of one year.
b) For a first conviction or for refusal to submit to any designated
secondary chemical test while operating a noncommercial motor
vehicle, a commercial driver's license holder shall be disqualified
from operating a commercial motor vehicle for a period of one
year.
c) For a first conviction or for refusal to submit to any designated
secondary chemical test while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F, a driver shall be disqualified
from operating a commercial motor vehicle for a period of three
years.
d) For a second conviction or for refusal to submit to any designated
secondary chemical test in a separate incident of any combination
of offenses in this subsection while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for life.
e) For a second conviction or refusal to submit to any designated
secondary chemical test in a separate incident of any combination
of offenses in this subsection while operating a noncommercial
motor vehicle, a commercial motor vehicle license holder shall be
disqualified from operating a commercial motor vehicle for life.
Commercial Drivers Prohibited from Operating with Any Alcohol in
System:
a) Notwithstanding any other provision of law, no person may drive,
operate, or be in physical control of a commercial motor vehicle while
having any measurable alcohol in his/her system.
b) A person who drives, operates, or is in physical control of a motor
vehicle while having any measurable alcohol in his or her system, or
who refuses to take a preliminary breath test to determine their alcohol
content must be placed out-of-service for twenty-four (24) hours.
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