DUI Penalties

Basic DUI Offenses and Their Punishments

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.

DUI Offense (1st, 2nd, 3rd, etc.)	Minimum Mandatory Jail	Maximum Mandatory Jail	Per Se Level	Minimum Fine	Maximum Fine	License Suspension, Revocation
1st Offense 21 & over w/ BAC .08 Under 21 w/ BAC .08	24 hours   NONE	6 months NONE	.08 .02 - .08	$100 $25	$500 $100	6 months (Eligible in 90 days) 60 days
2nd Offense 21 & over w/ BAC .08 (Fine Optional) Under 21 w/ BAC .08(& subsequent offenses)	6 months   24 Hours	1 year   24 Hours	.08   .02 - .08	$1000   $100	$3000 $500	10 years (Eligible in 5 years) Longer of 1 year or till 21st birthday
3rd Offense 21 & over w/ BAC .08 (Fine Optional)	1 year	3 years	.08	$3000	$5000	Lifetime (Eligible in 10 years)
DUI w/ Death (Reckless Disregard)	1 year	10 years	.08	$1000	$3000	10 years (Lifetime if prior suspension has occurred within 10 years)
DUI w/ Death (Negligent)	90 days	1 year	.08	$500	$1000	5 years (Lifetime if prior suspension has occurred within 10 years)
DUI w/ Injury	24 hours	1 year	.08	$200	$1000	2 years (10 years if prior suspension has occurred within 10 years, or lifetime if more than 1 prior suspension within 10 years)
Operation of Motor Vehicle by Habitual Drug User	1 day	6 months	N/A	$100	$500	6 months (10 years if prior suspension has occurred within 10 years, or lifetime if more than 1 prior suspension within 10 years)
Permitting DUI	None	6 months	N/A	$100	$500	6 months (10 years if prior suspension has occurred within 10 years, or lifetime if more than 1 prior suspension within 10 years)
DUI w/ Minor < 16 Years Old	48 hours	12 months	.08	$200	$1000	1 year (10 years if prior suspension has occurred within 10 years, or lifetime if more than 1 prior suspension within 10 years)

1. West Virginia adopted the .08 BAC standard set forth in Senate Bill 166 on February 16, 2004. The new standard went into effect at 12:01 a.m. on May 5, 2004.
   
   
2. For enhancement of DUI criminal charges, prior offenses are only those which occurred within the ten years immediately preceding the current date of arrest. Prior DUI offenses charged under the statutes of other states, ordinances of any municipality, or federal statutes, may be used to enhance a current charge if the elements of the statute or ordinance are the same as the elements of the offense under the West Virginia Code.
   
   
3. The sentences under West Virginia Code (WVC) § 17C-5-2 are mandatory. However, the provisions of WVC § 62-11A-1, et seq. may apply to permit release for work or other express statutory alternatives. The alternatives available under § 61-11A-1 et seq. are available within the sole discretion of the court.
   
   
4. Under WVC § 17C-5-2(p), home confinement may be used as an alternative sentence to any period of incarceration required under § 17C-5-2. Also under subsection (p), a court may order that a defendant serve the imposed sentence via participation in a community corrections program established under WVC § 62-11C-1 et seq.
   
   
5. For first offenses related to those under 21 years of age driving with a BAC of more than .02 but less than .08, the matter may be continued to allow participation in the interlock program. After successful completion, the charge shall be dismissed and record expunged. WVC § 17C-5-2(h).
   
   
6. The West Virginia DMV only looks back for a period of ten years when determining the length of suspension for a current DUI. For example, if your first DUI license suspension occurred more than ten years prior, a current suspension will be treated as a first offense DUI license suspension. If your prior DUI license suspension occurred less than ten years ago, a current suspension will be treated as a second offense DUI license suspension.
   
   
7. CDL license holders, while operating a commercial vehicle, are subject to a lower permissible BAC of .04 instead of .08. The lower BAC of .04 applies only when the commercially licensed driver is operating a commercial vehicle.