DUI Charges in West Virginia | DUI Lawyer Defending Cases in Putnam & Kanawha County
If you or a loved one has been charged with Driving Under the Influence (DUI) of alcohol or a controlled substance, the process can feel overwhelming. License suspensions, jail time, and fines are just a few of the potential penalties. Retaining a West Virginia DUI lawyer is the first step in ensuring that the evidence against you is sufficient, that your constitutional rights are protected, and that potential harms are mitigated.
This article provides a general overview of basic West Virginia DUI law. It is not a substitute for legal advice from a qualified DUI attorney.
What Counts as Driving Under the Influence?
West Virginia law prohibits operating a vehicle in an impaired state. Impairment may result from:
Alcohol
Controlled substances
Other drugs or inhalants
A combination of the above
Penalties for DUI in West Virginia
Generally, if a person drives in an impaired state: Misdemeanor, up to 6 months in jail, and fines between $100–$500 (W. Va. Code § 17C-5-2(e)).
BAC under 0.15%: Misdemeanor, up to 6 months in jail, and fines between $100- $500 (W. Va. Code § 17C-5-2(e)).
BAC 0.15% or higher: Jail term of 2–6 months (including at least 24 hours of actual confinement) and fines between $200–$1,000 (W. Va. Code § 17C-5-2(f)).
Driver’s License Consequences after a DUI
License suspensions are directly tied to DUI convictions.
Generally, if a person drives in an impaired state: License revoked for 1 year or conditioned on participation in the Motor Vehicle Alcohol Test and Lock Program.
BAC under 0.15%: License revoked for 1 year or conditioned on participation in the Motor Vehicle Alcohol Test and Lock Program.
BAC 0.15% or higher: Same revocation period, with mandatory participation in the test and lock program (W. Va. Code § 17C-5-2(f)).
Deferred Adjudication for First-Time DUI Offenders
First-time offenders may qualify for deferred adjudication if their BAC is under 0.15% or they were simply driving in an impaired state. Some basic principles are as follows:
Must notify the court within 30 days of arrest.
Court places the driver on probation and requires participation in the DMV Alcohol Test and Lock Program for at least 165 days (after a 15-day suspension).
Upon successful completion, the case may be dismissed.
Only one discharge/dismissal is allowed under the statute.
Exclusions: Commercial driver’s license holders and those who refused chemical testing.
Enhanced Penalties for Injury, Death, and Repeat Offenses
Penalties for injury, death, and repeat offense are greater than the general DUI penalties.
Causing bodily injury: 2–10 years in prison, $1,000–$3,000 fine, and 2-year license suspension.
Causing death: 3–15 years in prison, $1,000–$3,000 fine, and 10-year license suspension.
Repeat offenders:
Second offense (within 10 years): 6–12 months in jail, $1,000–$3,000 fine, and 10-year license revocation
Third or subsequent offense: 2–5 years in prison, $3,000–$5,000 fine, and lifetime license revocation.
Why You Need an Experienced West Virginia DUI Lawyer?
DUI law in West Virginia is complex, involving both criminal and licensing issues. An experienced DUI attorney in Putnam County or Kanawha County will:
Evaluate the legality of the traffic stop
Examine the evidence against you
Advise on the best course of action
Work to mitigate potential punishments
Contact Barney Law PLLC
If you’ve been charged with DUI in Putnam or Kanawha County, the clock is already running on your case. Barney Law PLLC handles DUI cases from the first court appearance through trial, including challenges to the stop, the arrest, and the breath test, and any blood test. Call us at 304-932-8775 to discuss representation.