This page is only intended to give a general idea about possible consequences of the more common DUI offenses. There are a number of other types of DUI-related offenses and there are a number of factors which can influence what consequences are imposed. For a detailed explanation of your particular charge, contact La Neve Law Offices, toll-free, at (866)MY-WV-DUI, and arrange a free consultation.
1st Offense
Not less than 24 hours, not more than 6 months in jail; Mandatory fine of not less than $100 and not more than $500; Possible license suspension of 6 months, with eligibility for reinstatement in 90 days if the Safety Treatment Program is successfully completed.
2nd Offense
Not less than 6 months, not more than 1 year in jail; Optional fine of not less than $1,000 and not more than $3,000; Possible license suspension of 10 years, with eligibility for reinstatement in 5 years if the Safety Treatment Program is successfully completed.
3rd Offense
Not less than 1 nor more than 3 years in the state penitentiary (eligible to see parole board after completion of 1 year incarceration); Optional fine of not less than $3,000 and not more than $5,000; Possible lifetime license suspension, with eligibility for reinstatement in 10 years if the Safety Treatment Program is successfully completed.
DUI Resulting in Bodily Injury to Another
Not less than 24 hours, not more than 1 year; Mandatory fine of not less than $200 and not more than $1,000; Possible license suspension of two years.
Under 21 Drinking and Driving (BAC .02 to less than .1)
1st Offense - No jail time; Mandatory fine of not less than $25 and not more than $100; Possible license suspension of 60 days; 2nd or Subsequent Offense - 24 hours jail confinement; Mandatory fine of not less than $100 and not more than $500; Possible license suspension of 1 year or until 21st birthday, whichever is longer.
Vehicle Ignition Interlock Program
Some drivers will be eligible to participate in this program following suspension of a driver's license. The program involves installation of a monitoring device in the driver's vehicle which is similar to a breath test machine. The driver blows into the device and, if a clean sample is provided, the vehicle will start. If any alcohol is detected, including things like mouthwash, breath sprays, and some medicines, the vehicle's ignition system is disabled. Not all drivers are eligible to enter this program. However, for those that are, participation will allow that driver to begin operating a motor vehicle much earlier than would otherwise be possible.