DUI Reference Guide

West Virginia DWI Laws

There are two main categories for those who are caught driving while under the influence and/or intoxicated by alcohol or drugs.  If an individual has their driving abilities impaired through the use of drugs or alcohol, they can be arrested for DWI in West Virginia.  Driver’s can face DUI charges if they are caught driving and test above the legal limit in West Virginia.  The legal limit is 0.08%. 

DWI and DUI charges can result in license suspension imposed by the Division of Motor Vehicles (DMV).  Criminal charges will result from a DWI or DUI arrest as well.  For purposes of sentencing for DUI convictions, the court will not consider any convictions from more than ten years ago.  Therefore if a person committed a DUI more than 10 years ago, their current offense will count as a first offense. 

Although refusing a chemical test to measure alcohol content is not considered a crime in West Virginia, the DMV is still able to enact driving restrictions on those who refuse a test.  These suspensions can be for an entire year at least.  Being arrested for having a BAC above the legal limit is enough for the DMV to suspend a person’s license.  In order to avoid immediate suspension, a person needs to request a hearing.  They will then be able to retain their license until after their hearing.  If they lose at the hearing, their license will then be revoked according to the rules governing suspensions.  First time offenders could have their license revoked for as much as six months. 

A DUI in West Virginia includes criminal penalties.  First time offenders face as much as six months in jail.  They must serve at least one full day.  Fines can be as high as $500.  The court costs will be incurred by the person convicted.  Other surcharges also apply.  Second time DUI offenders will pay up to $3000 in fines.  Once again court costs and other fees apply.  The offender will also serve up to one year in jail with the minimum sentence set at six months.

Fines for third time offenders range from $3000-$5000.  Further court fees and other costs are also charged to the person convicted of DUI.  An individual can spend as much as three years in jail.  The minimum sentence has been set at one year in length. 

Prosecutors for a DWI case have a few factors that they can introduce to the court when trying to prove the individual was driving while intoxicated.  A great deal typically rests on the testimony of the police officer that first pulled over and later arrested the driver. 

Generally they will provide details on why they stopped the driver who was later arrested.  They will then make note of the appearance and speech of the driver.  The police officer will also relay any other pertinent details.  One example would be to tell the court if they found that the driver smelled of alcohol.  If a field sobriety test was given the results of this test can also be provided.  When an individual did not do well on this test, this can be used as evidence of their possible intoxication. 

For DUI cases, the prosecution will provide results of chemical testing.  If a person had a blood alcohol content that was over the legal limit, they can be arrested.  Even if the person did not appear to be driving in a dangerous manner, they will still be arrested for driving under the influence of drugs and/or alcohol.

Anyone who is arrested for DUI or DWI in West Virginia should consult with an attorney.  An attorney can work with a person in an attempt to protect their driver’s license.  They can also assist with the court case.  In the case of DWI, a lawyer can help to create doubt as to whether or not the person was physically or mentally impaired when they were driving. 

In the case of DUI arrests, a good lawyer will see if there could have been any errors in the chemical testing.  The time in which the test was given after the person had been drinking or after they were no longer driving, can sometimes create a window of time in which a person might have been driving with a content below the legal limit.