The law regarding DUI in West Virginia is very similar to the law in other states in the union. Each DUI conviction in the state causes two separate cases that are unrelated to each other. First, you will have a criminal case where you may be subjected to fines, jail time, and enrollment in alcohol education programs, ignition interlock, and the suspension of your diver’s license. The second case that you will be faced with is in regards to the DMV. Upon your conviction, the DMV has the right to take away your driving privileges if they see fit to do so. You and/or your lawyer will have to contact the DMV quickly in order to set things straight with them.
|Court Fines||Potential Jail Time||License Suspension|
|1st Conviction||$100 to 500
||24 Hours to 6 Months
|2nd Conviction||$1,000 to 3,000
||6 Months to 1 Year
||Up to 10 Years
|3rd Conviction||$3,000 to 5,000
||1 to 3 Years
It is of utmost importance that you contact an attorney as soon as possible if you have been convicted of a DUI in West Virginia. It is unfortunate for you, but West Virginia has some of the toughest laws concerning DUI in the entire country. If you want to save your license from being revoked, then you are going to have to make sure that you act immediately following your arrest. While you are waiting the outcome of the hearing, you will still be able to keep driving. If you do not request a hearing within the allotted time frame, then you lose your license immediately.
DUI in West Virginia is prosecuted by two different methods: ‘common law’ and ‘per se.’ The common law method of prosecution is when the government tries to prove that the driver was physically or mentally unable to drive due to the consumption of alcohol or drugs. The method by which they seek to prove this is based on the driver’s driving pattern, field sobriety tests, the appearance of the driver, and how well the driver performs on chemical tests. In the state of West Virginia, a DUI need not be supported by a chemical test in order to cause conviction; the other methods are enough on their own.
For your first offense, you will receive prison time of 24 hours up to a maximum of six months. You will also face a fine of $100 to $500 including surcharges. For your second offense, you face a sentence of six months to a year in prison, along with a $1,000 to $3,000 fine including surcharges.