West Virginia DUI laws, like many other state's, base punishment on how high an individual's blood alcohol concentration is, how many previous charges an individual has, and whether or not there were any minor passengers in the car.
West Virginia DUI laws state that any individual who drives in the state must give their consent to be administered a breathalyzer or urine test if a police officer suspects them of doing drugs or drinking. West Virginia law on DUI is very strict.
Under West Virginia DUI laws, any individual who is charged with a West Virginia DUI has to spend at least 24 hours in jail. That period of time can be extended for up to 12 months, depending on the severity. If an individual has a blood alcohol concentration of 0.15% and up, they must spend at least two days in jail.
This rule also applies to any individual charged with a West Virginia DUI who has a child under the age of 16 in the vehicle at the time of arrest. A fine of $100 to $500 is imposed on anyone who is charged with a West Virginia DUI. A first time West Virginia DUI offense results in one losing their license for a period of 15 days. This period can be extended for up to 45 days if the driver had a blood alcohol concentration of 0.15% or more.
The second time that one is charged with a West Virginia DUI, they are required to spend at least six months in jail. That term may be extended for up to one year. The driver must pay fines ranging from $1000 to $3000.
Anyone convicted of a second West Virginia DUI can have their license revoked for up to ten years. One's driver's license will definitely be revoked for at least one year and the individual must complete a drug and alcohol rehabilitation treatment program. Otherwise, the license will not be reinstated.
A third West Virginia DUI is a felony and may cause an individual to lose their license indefinitely. The driver will also face a jail sentence of one to three years. A fine ranging from $3000 to $5000 will be imposed on the individual convicted of a third West Virginia DUI. An individual will also have to use an ignition interlock device in any car that they drive.
West Virginia is unique in that the penalties from a first West Virginia DUI jump dramatically from the first to second offense. It is rare for a state to have such a short period of license suspension for a first offense. It is also rare for a state to have such a heavy suspension on the second offense.