Criminal Penalties
West Virginia's state code defines numerous offenses related to driving a motor vehicle while under the influence of alcohol or drugs. Each of those offenses carries its own specific penalty, which includes fines and incarceration in either jail or prison. This page is only intended to give an idea about possible consequences of the most 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 penalties are imposed in any individual case. For a detailed explanation of your particular charge and potential range of punishment, contact La Neve Law Offices, toll-free, at (866)MY-WV-DUI, and arrange a free consultation. Please be sure to review the notes found below the chart for more information.
| DUI Offense | Per Se Level | Minimum Jail | Maximum Jail | Minimum Fine | Maximum Fine |
|---|---|---|---|---|---|
|
1st Offense |
.08- .149 |
n/a |
6 months |
$100 |
$500 |
|
1st Offense |
≥ .15 |
48 hours |
6 months |
$200 |
$1,000 |
|
2nd Offense |
≥ .08 |
6 months |
1 year |
$1,000 |
$3,000 |
|
3rd or Subsequent Offense |
≥ .08 |
1 year |
3 years |
$3,000 |
$5,000 |
|
Under 21 |
.02- .08 |
None |
None |
$25 |
$100 |
|
Under 21 |
.02- .08 |
24 hours |
24 hours |
$100 |
$500 |
|
DUI w/ Death |
≥ .08 |
2 years |
10 years |
$1,000 |
$3,000 |
|
DUI w/ Death |
≥ .08 |
90 days |
1 year |
$500 |
$1,000 |
|
DUI w/ Bodily Injury |
≥ .08 |
24 hours |
1 year |
$200 |
$1,000 |
|
Operation of Vehicle by Habitual Drug User |
n/a |
24 hours |
6 months |
$100 |
$500 |
|
Permitting DUI |
n/a |
n/a |
6 months |
$100 |
$500 |
|
DUI w/ Minors |
≥ .08 |
48 hours |
1 year |
$200 |
$1,000 |
• In order to enhance charge up to 2nd or 3rd offense, prior arrest(s) must be within 10 years of instant arrest. However, in order to be convicted of an enhanced charge, priors must have resulted in a criminal conviction.
• Sentences are mandatory and not subject to suspension or probation. Alternatives are work release and home incarceration and community service for any time above the mandatory minimums (8 hours of community service per day of jail).
• Criminal Penalties for driving while revoked for DUI are:
1st Offense- 30 days to 6 months in jail and $100- $500 fine;
2nd Offense- 6 months to 1 year in jail and $1,000- $3,000 fine;
3rd or Subsequent Offense- 1 year to 3 years in prison and $3,000- $5,000 fine.
• Can also be charged for DUI if your BAC is under the per se level (.08) if officer feels that you were impaired by alcohol, controlled substances, or drugs.
• May be charged and convicted of DUI (drugs) even if you are on prescribed medication.
