If you were arrested for a West Virginia DUI, an officer believed that you were operating a motor vehicle under the influence of an intoxicant. “Operating” means the immediate, actual physical control over a motor vehicle that is in motion and/or has its engine running. Driving with a blood alcohol content of .08% or greater is considered per se, or automatically, driving under the influence of alcohol. Below we have outlined the most important information for you to inform yourself about DUI in West Virginia.
West Virginia DUI Penalties
IMPORTANT: IMMEDIATELY FOLLOWING YOUR ARREST – REGARDLESS OF THE CONTENT OF THE ARRESTING OFFICER’S REPORT AND YOUR BAC RESULTS – YOU HAVE ONLY 10 DAYS TO REQUEST YOUR ADMINISTRATIVE HEARING WITH THE WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES. CONTACT AN EXPERIENCED WEST VIRGINIA DUI ATTORNEY TO HELP YOU NAVIGATE YOUR HEARING AND SAVE YOUR DRIVER’S LICENSE.
If you are convicted of a first-time DUI in West Virginia, you could spend up to 6 months in jail! Additionally, you can expect to be fined up to $1500 in fees and court surcharges. Additional penalties can include the attendance of alcohol education courses, being forbidden from ingesting alcohol, and the installation of an ignition interlock device, of which you will be responsible for the installation and monthly maintenance fees.
West Virginia has a “look-back” period of 1o years. A look-back period means that if you get a 2nd West Virginia DUI within 10 years of your first DUI, you’ll be subjected to increased penalties. These penalties can include up to a full year in jail and fines up to $2000.
West Virginia DUI Lawyers
An arrest for West Virginia DUI does not necessarily equal a conviction. West Virginia DUI attorneys defend DUI offenses and drunk driving cases in West Virginia. A good DUI attorney or criminal defense attorney will be able to assist you with the two separate cases. DUI attorneys will be able to offer you DUI defense strategies. They will be able to handle both the criminal DUI charges and the administrative hearing with West Virginia DMV, regarding your license suspension.
General West Virginia DUI Information
West Virginia DUI Insurance
Another penalty that is often overlooked is your driver’s insurance. If you’re convicted of a DUI in West Virginia, you will have to get what is called an SR-22 insurance. Your West Virginia DUI attorney can discuss what SR-22 is and what it will potentially cost you.