West Virginia DUI / DWI Punishments

The following are general descriptions of the penalty range for the different types of drunk driving offenses in WV. It is important to note that the punishments are described by the statutes in ranges, meaning that you could get the minimum, the maximum, or somewhere in between. It is very important to talk with an experienced West Virgina DUI / DWI Lawyer who has experience practicing in the court and county where your case will be heard. Only then will you be able to get a true assessment of what you are facing. The information below is meant as a starting point only.

Punishment Ranges For Drunk Driving In West Virginia

West Virginia Punishments For Driving Under the Influence, resulting in death:

A driver who is under the influence of alcohol or another intoxicating drug, or both, or else has a BAC of at least 0.08 is considered to be under the influence in West Virginia. If a driver who is under the influence drives recklessly and causes the death of some other person, the driver is guilty of a felony. The driver will be sentenced to between 2 years and 10 years in prison and fined between $3000 and $10,000. If the driver did not drive recklessly but still caused the death of another person by being under the influence, the driver is guilty of a misdemeanor. For a second non-reckless offense, the driver will be sentenced to between 6 months and 1 year in jail and fined between $1000 and $3000. For a third offense, the driver will be sentenced to between 1 year and 3 years in prison and fined between $3000 and $5000. If this is the first time the driver's license has been suspended, the suspension will last 10 years if the driver was driving recklessly and 5 years if he or she was not. If the driver has had his or her license suspended for causing the death of another person, whether recklessly or not, or else has had it suspended for refusing a chemical test, the suspension period will be life.

A driver who is under the influence of alcohol or another intoxicating drug, or both, or else has a BAC of at least 0.08 is considered to be under the influence in West Virginia. If a driver who is under the influence caused injury to another person by being under the influence, the driver is guilty of a misdemeanor. The driver will be sentenced to between 1 day and 1 year in jail and fined between $200 and $1000. For a second offense, the driver will be sentenced to between 6 months and 1 year in jail and fined between $1000 and $3000. For a third offense, the driver will be sentenced to between 1 year and 3 years in prison and fined between $3000 and $5000. If this is the first time the driver's license has been suspended, the suspension will last 2 years. If the driver's license has been suspended once before for causing injury to another person or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for causing injury to another person or for refusing a chemical test, the suspension will be for life.

A driver who is under the influence of alcohol or another intoxicating drug, or both, or else has a BAC of at least 0.08 is considered to be under the influence in West Virginia, and is guilty of a misdemeanor.

If the driver had a BAC 0.08 but no more than 0.15, the driver will be sentenced to a maximum of 6 months in jail and fined between $100 and $500. If this is the first time the driver's license has been suspended, the suspension will last 6 months. However, for a first offense only, the driver may instead participate in the Test and Lock program for 4 months after a 15 day suspension.

If the driver's license has been suspended once before for a DUI or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for a DUI or for refusing a chemical test, the suspension will be for life.

If the driver had a BAC of more than 0.15, the driver will be sentenced to between 2 days and 6 months in jail and fined between $200 and $1000.

For a second offense, the driver will be sentenced to between 6 months and 1 year in jail and fined between $1000 and $3000. For a third offense, the driver will be sentenced to between 1 year and 3 years in prison and fined between $3000 and $5000.

If this is the first time the driver's license has been suspended, the suspension will last 45 days, and the driver will be required to participate in the Test and Lock program for 9 months.

If the driver's license has been suspended once before for DUI or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for DUI or for refusing a chemical test, the suspension will be for life.

It is a misdemeanor in West Virginia for anyone who is a habitual user of illegal drugs to drive a vehicle. The driver will be sentenced to 1 day and 6 months in jail and fined between $100 and $500. For a second offense, the driver will be sentenced to between 6 months and 1 year in jail and fined between $1000 and $3000. For a third offense, the driver will be sentenced to between 1 year and 3 years in prison and fined between $3000 and $5000.

It is a misdemeanor for a person to allow his or her vehicle to be used by someone known to be under the influence of alcohol, another intoxicating drug, or both. The person who allows the use of his or her vehicle will be sentenced to up to 6 months in jail and fined between $100 and $500. For a second offense, the driver will be sentenced to between 6 months and 1 year in jail and fined between $1000 and $3000. For a third offense, the driver will be sentenced to between 1 year and 3 years in prison and fined between $3000 and $5000. If this is the first time the driver's license has been suspended, the suspension will last 6 months. However, for a first offense only, the driver may instead participate in the Test and Lock program for 4 months after a 15 day suspension. If the driver's license has been suspended once before for DUI or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for DUI or for refusing a chemical test, the suspension will be for life.

It is a misdemeanor for a person to allow his or her vehicle to be used by someone known to be a habitual user of illegal drugs. The person who allows the use of his or her vehicle  will be sentenced to up to 6 months in jail and fined between $100 and $500.

If a driver under 21 has a BAC of at least 0.02, he or she is guilty of a misdemeanor. The driver will be fined between $25 and $100 for a first offense, and between $100 and $500 for a repeat offense. The driver will also be required to spend 1 day in jail for a repeat offense. The driver also has the option of completing the Test and Lock program for his or her first offense instead of the criminal penalty. The program involves training and monitoring and the driver will be required to install an ignition interlock device. The driver will also have his or her license suspended for 60 days for a first suspension or 1 year or until his or her 21st birthday (whichever comes last) for a second suspension. If an underage driver causes the death of another person as a result of being under the influence, his or her license will be suspended for 5 years, or for life if it has been suspended before within 10 years. If an underage driver causes injury to another person as a result of being under the influence, his or her license will be suspended for 2 years, or for 10 years if it has been suspended before within 10 years, or for life if it has been suspended more than once before within 10 years.

If a driver commits a DUI with a child under 16 in the vehicle, the driver is guilty of a misdemeanor as well as the DUI itself. The driver will be sentenced to between 1 day and 1 year in jail and fined between $200 and $1000. If the driver's license has never been suspended before for DUI with a minor in the vehicle or for refusing a chemical test, his or her license willbe suspended for 1 year. If the driver's license has been suspended once before for DUI with a minor in the vehicle or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for DUI with a minor in the vehicle or for refusing a chemical test, the suspension will be for life.