In the State of West Virginia, it is illegal to drive under the influence of drugs or alcohol. If you are driving in a way that raises the suspicions of officers, this means that they may pull you over and test you to see if you are intoxicated according to their terms and standards. A blood alcohol concentration of .08 or above will mean that you will be arrested and charged with a DUI. If you are a commercial driver, you will be facing a lower limit of .04 and if you are under 21, this limit will decrease to .02. If you choose to drive when you are under the influence, you will face certain restrictions and fines.
First Offense DUI
If you are conviction of DUI in the State of West Virginia, you will lose your license for at least 15 days and if your BAC is at .15 or higher, this will increase to 45 days up to 6 months. To have your license reinstated, you will have to complete a safety and treatment program. A minimum jail sentence of 24 hours will be mandated and you can be sentenced to 6 months in jail, depending upon the factors of your arrest. Fines will be anywhere from $100 to $500 and this will not include other costs that you are found responsible for, including your safety and treatment program and other court and lawyer fees.
Second Offense DUI
A second DUI offense within ten years will mean that you could lose your license for 1 year followed by installation of the ignition interlock device for two years or a suspension of up to 10 years without the installation. Jail time will be a minimum of at least 6 months and this time period can increase up to 1 year, depending upon the factors of your arrest. Fines will be anywhere from $1000 to $3000 and this will not include the cost of your ignition interlock device, safety or treatment program, or other court costs and costs associated with your sentencing. If you are convicted of a second DUI, you will want to get the help and assistance that you need.
Third Offense DUI
A third DUI within ten years will result in some even stricter and severe punishments and penalties. The first is that you will be facing a lifetime revocation of your driver’s license or, if you meet certain requirements, including installation of an ignition interlock device, you will be facing a minimum of 1 year suspension. In addition, a safety and treatment program will need to be completed. As far as jail time, you will be facing at least one year in prison up to three years, depending upon the charges. Fines will range from $3000 to $5000, not including the court fees, reinstatement fees, costs associated with fulfilling your sentence, and your cost for a lawyer. All of these penalties and punishments will add up to severely restrict your freedoms and drain your bank account.
When you make the choice to drive while under the influence, you not only put yourself in danger. You are also putting everyone who is on the road with you in danger. This is why states are so serious about DUI laws and punishments. By getting a lawyer, you can make sure that you get the advice and guidance that you need to ensure that you are able to get through the legal process with as little trouble as possible. Legal representation is essential in making sure that your rights are taken care of and that you get the minimum sentence where it is fair and applicable.