West Virginia DUI Consequences

Even if you are skilled in the art of debate, there’s no way to deny the fact that driving under the influence (DUI) is dangerous. Along with putting their own lives at risk, impaired drivers threaten the lives of every motorist they encounter on the roads. As a result, state lawmakers are cracking down on drunk drivers more than ever—and West Virginia DUI consequences are no exception to this trend. Indeed, with the state’s mandatory sentencing guidelines, West Virginia drivers face some of the toughest DUI laws in the nation.
Depending on your prior history, a DUI can be classified as a misdemeanor or a felony. While most first-time offenses are treated as misdemeanors, a conviction nevertheless carries a number of penalties, including a $100 to $500 fine, 90-day license suspension, and six-month jail sentence.
If you have been convicted of drunk driving in the past, a second DUI will also be considered a misdemeanor. However, the maximum sentence for a second offense often includes a $3,000 fine, ten-year license suspension, and up to a year of jail time. Plus, as a repeat offender, you may have to have an ignition interlock device installed in your vehicle (a mechanism that prevents you from using your vehicle until you successfully perform a breath test).
On the other hand, if you are convicted of a third drunk driving charge within ten years, you can expect to receive little leniency during sentencing. This time, your offense will be treated as a felony—leading to the harshest penalties under state law. Along with paying up to $5,000 in fines, your driver’s license may be permanently revoked and you could spend anywhere from one to three years behind bars. An ignition interlock device will almost certainly be required at this point as well.
Even if you are a first-time offender, you may receive a harsher sentence if you are charged with “Aggravated DUI.” Reserved for drivers who are arrested with a blood alcohol content (BAC) of 0.15% or higher, an aggravated DUI charge carries more severe penalties than a standard DUI—including more expensive fines, a longer license suspension, and additional jail time.
The long-term consequences of a West Virginia DUI conviction are often more devastating than the court-imposed penalties. Regardless of whether your charge is classified as a misdemeanor or a felony, your conviction will remain on your criminal record indefinitely. Therefore, you may find it difficult to obtain employment or housing in the future.
It is also important to understand the effect a DUI conviction can have on your budget. In addition to paying hundreds or thousands of dollars in fines, you may experience a loss of income due to the amount of time you take off from work—and you can also expect to pay far more for insurance once your provider finds out about your conviction.
Fortunately, you may be able to avoid many of the penalties listed above if you have the right legal representation. To learn more about how you can challenge your DUI, complete our online form today to schedule a free, no-obligation consultation with a skilled DUI defense attorney in your area.