West Virginia DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in West Virginia
West Virginia DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in West Virginia, the law allows only 10 days for a West Virginia DUI Lawyer to make a request with the West Virginia DMV for a hearing to help save your drivers license.
What are the penalties for DUI in West Virginia?
The penalties for driving under the influence in West Virginia will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
WV DUI Penalties
West Virginia is a state with a 10 year 'washout period' also known as a 'look back period'
1st DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DUI offense in West Virginia:
- Fine: $100 to $500 fine
- Jail: up to 6 months in jail
- License Revocation: 6 months drivers license revocation (ignition interlock restricted drivers license may be available after 45 days of suspension)
- must complete treatment program before drivers license is re-instated
- WV SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense / Conviction - Misdemeanor
Possible Deferred Prosecution
The penalty upon conviction of a second DUI offense in West Virginia:
- Fine: $1,000 to $3,000 fine
- Jail: 6 months to 1 year in jail
- License Revocation: 10 years drivers license revocation (may be reduced to 5 years upon completion of safety and treatment program)
- must complete treatment program before drivers license is re-instated
- WV SR22 Insurance (proof of financial responsibility) Requirement
3rd (& subsequent) DUI Offense / Conviction - Felony
The penalty upon conviction of a third (& subsequent) DUI offense in West Virginia:
- Fine: $3,000 to $5,000 fine
- Jail: 1 to 3 years in jail
- License Revocation: lifetime revocation of drivers license (may be reduced to 10 years upon completion of safety and treatment program)
- must complete treatment program before drivers license is re-instated
- WV SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in West Virginia and implied consent laws are enforced.
In West Virginia, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
FIRST CHEMICAL TEST REFUSAL
- License Revocation: 1 year drivers license revocation
- WV SR22 Insurance (proof of financial responsibility) Requirement
SECOND Chemical test REFUSAL
- License Revocation: 10 years drivers license revocation
- WV SR22 Insurance (proof of financial responsibility) Requirement
Third (and subsequent) Chemical test REFUSAL
- License Revocation: lifetime drivers license revocation
- WV SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in West Virginia
The maximum legal BAC (blood alcohol content) limits in West Virginia for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of West Virginia it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of West Virginia it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of West Virginia it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
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