West Virginia DUI Laws and Penalties [2024 Updated]

The team of experienced criminal defense professionals at Crowe Law, LLC, is deeply familiar with West Virginia DUI laws and penalties. Whether you’re facing a first-time offense or a repeat offender, you can greatly benefit from the counsel and representation of a skilled defense attorney.

What Constitutes a DUI?

In West Virginia, a DUI (driving under the influence) charge can follow the arrest of any motorist who’s found with a blood alcohol content (BAC) above the legal limit. Law enforcement can charge a driver with a DUI if their BAC is 0.08 or more and minors under 21 years old if their BAC is 0.02 percent or above.

A DUI is usually a misdemeanor offense but may be elevated to a felony if aggravating factors were present at the time of arrest. Aggravating circumstances include having an excessively high BAC (0.15 percent or above), evading arrest or fleeing from law enforcement, a minor child under 18 was present in the vehicle, or there was a traffic accident causing the severe injury or death of another person.

Potential Punishment for Misdemeanor and Felony DUIs

For a first-time DUI misdemeanor with no aggravating factors, penalties upon conviction are likely not to include jail time, but fines are still to be expected. If a first-time DUI with no other aggravating factors besides the driver having an excessive BAC, the convicted offender will be sentenced to a minimum amount of time in jail. First-time DUIs with aggravated circumstances are punishable by a longer period of mandatory incarceration.

Sentencing for a second DUI conviction includes jail time or probation and heavy fines, even without aggravating factors. A third or subsequent DUI within a 10-year period is a felony punishable by extensive fines and extended incarceration. Penalties for felony convictions can vary depending on your criminal history and which other aggravating factors were present, if any.

In addition to jail or prison time and penalty fines, a DUI conviction will be followed by administrative penalties from the DMV. These can include a temporary suspension of your driver’s license and the installation of an ignition interlock device in your vehicle. Administrative penalties are likely to last for a longer period for repeat or aggravated offenses. Third or subsequent DUIs may be punishable by an indefinite license revocation.

Defense Strategies Your Criminal Attorney May Use

Your defense attorney will review the details of your case and determine what the ideal course of action may be for your situation. Depending on the circumstances, your lawyer may use any number of defensive arguments when building your case. For example, your legal representation may try to weaken the prosecution’s evidence against you by challenging the strength of said proof by pointing out inconsistencies, scrutinizing the weight of witness testimony, etc.

A common defense for a DUI is calling the validity of the BAC testing equipment, procedures, or processing into question. Oftentimes, BAC testing can include various errors such as faulty equipment (e.g., incorrectly calibrated breathalyzers), improper administration, and mishandled samples or chemical processing for blood tests.

Another defense strategy is to prove that the stop leading up to your arrest was unlawful to begin with. If the police lacked probable cause or a lawful reason to pull you over or test you in the first place, any evidence obtained during the stop must be suppressed in court. This is because the stop and arrest were in violation of your constitutional rights. It’s likely the prosecution will have little to continue with after this, and the charges could be promptly dropped.

Your lawyer may even determine that the most advantageous option for your case is to acquire a positive outcome through a plea bargain. In the event that you are convicted of the DUI violation, your defense attorney will continue fighting for your rights. This includes negotiating for lesser penalties or deferring your sentence.

FAQs

When Do I Need a Defense Attorney for a DUI?

It’s never required by law for you to hire a lawyer for any criminal charge, but it is highly advised for various reasons. For a DUI, it’s wise to retain a defense attorney, whether it’s a minor or first offense or your third DUI charge. It’s crucial that you avoid sustaining a criminal conviction on your permanent record, both to avoid the criminal and administrative penalties along with the long-term consequences a DUI conviction can have on your future.

Do You Lose Your Driver’s License for a First DUI in WV?

If you are convicted of a first-time DUI offense, you will likely have a temporary suspension on your driver’s license for multiple months. The length of your license suspension may vary depending on the specifics of the DUI, including whether there were any aggravating factors. Your license won’t automatically be reinstated but your attorney can assist you with the process of getting it back following your sentencing.

Is Jail Time Mandatory for a Second DUI Conviction in WV?

It is mandatory for jail time to be included in the sentencing for a second DUI conviction. The length of time your jail sentence can vary, depending on if the DUI was aggravated or not. Your DUI attorney can negotiate on your behalf for a shorter jail sentence.

How Long Does a DUI Stay on Your Driving Record in WV?

A DUI conviction remains on your driving record for a period of at least 10 years. If you are charged with an additional DUI during this time window, it will be considered your second offense. After 10 years have passed since your last DUI, any subsequent charges would be treated as a first-time offense.

Defense Attorneys Ready to Fight for You

You can count on a proficient criminal defense attorney at Crowe Law, LLC, to handle your DUI case. Sustaining an additional DUI conviction on your permanent record or beginning a criminal history is something you want to avoid at all costs. We can help with that. Reach out to our team today to schedule an initial consultation with a defense lawyer who’s committed to protecting your legal rights.