West Virginia Drunk Driving Laws

If you think you know everything there is to know about West Virginia drunk driving laws, think again. Like other states, West Virginia lawmakers focus much of their efforts on ways to prevent individuals from driving under the influence (DUI)—and when it comes to DUI, the state’s legislation gets tougher and tougher with each passing year. As a result, drivers who are arrested for DUI in West Virginia face a number of particularly harsh penalties for their actions.

Depending on the circumstances, the penalties for a West Virginia DUI conviction may include a mandatory fine, license suspension, and/or jail sentence. Prior to imposing your sentence, the judge will first review your prior history of driving under the influence. Assuming it’s your first offense, your penalties may include up to $500 in fines, a 15-day license suspension, and no more than six months of jail time.

You can expect to face harsher punishments if you have been convicted of DUI in the past, or had a passenger under 16 in your vehicle at the time of your arrest. In fact, after three convictions, any subsequent DUI charge will be treated as a felony offense—which means you’ll face the toughest penalties the law allows: a $5,000 fine, one-year license suspension, and three-year jail sentence. In addition, as a convicted felon, you may lose many personal freedoms, including your right to vote, obtain a passport, and purchase a firearm.

Additional penalties may also be applied if you were driving with an extremely high blood alcohol content (BAC) or refused to perform a chemical test. Often referred to as blood-to-alcohol ratio, BAC measures the amount of alcohol a driver has in his or her bloodstream—a calculation determined by chemical tests. Under state law, you are legally required to provide a breath, blood, or urine sample for this purpose if a member of law enforcement suspects you of DUI. As a result, if you refuse to perform a breathalyzer or other chemical test, you will be arrested and face the same DUI penalties as any other person accused of the offense.

From a legal perspective, anyone who has a BAC of 0.08% or higher is considered impaired and can be arrested for driving under the influence. In other words, even if you show no signs of intoxication, you can be charged with DUI simply for having an illegal amount of alcohol in your system. What’s more, if you are under 21 or operate a commercial vehicle, you could be arrested with an even lower BAC—0.02% and 0.04%, respectively.

If you were recently charged with violating one or more of West Virginia’s drunk driving laws, it is important to have a strong legal defense when your case is tried in criminal court. To schedule a free, no-obligation consultation with a skilled DUI defense attorney in your area, complete our online form today.