What Happens When You Get A DUI In West Virginia? 2025

Driving under the influence is an offense that is seriously penalized in West Virginia, leading to significant personal, financial, and legal consequences. As 23% of the state’s traffic fatalities are alcohol-related and 60 out of 264 fatalities in 2022 were linked to impaired driving, law enforcement stays vigilant when it comes to arrests. Therefore, it’s crucial to ask, “What happens when you get a DUI in West Virginia?”

By having knowledge about the DUI legal process, the various penalties associated, and your potential legal options, you can work to defend your rights and interests, pushing for optimal case outcomes. Consulting with an experienced DUI attorney can provide the guidance and representation needed to navigate this complex legal situation effectively.

Legal Consequences of a DUI in West Virginia

In West Virginia, DUI offenses are categorized based on the details of the incident and the driver’s blood alcohol concentration (BAC), with penalties being the following:

• Standard DUI. Standard DUIs include those that have a BAC ranging from 0.08% to 0.149%, with first-time offenses resulting in a fine between $100 and $500 and a maximum of six months of jail time.
• Aggravated DUI. Aggravated DUIs – such as those that involve a BAC of 0.15% or greater – come with a mandatory minimum sentence of 48 hours in jail, fines ranging between $200 and $1,000, and up to six months of jail time.
• DUI Under 21. Underage drivers who blow a BAC ranging from 0.02% to 0.079% may not be facing jail time. However, they could have a DUI on their record and have a mandatory minimum fine of $25 to $100.
• DUI Resulting in Injury. If someone is driving under the influence and causes an accident that results in the injury of another individual, they could be facing anywhere from 24 hours to one year of jail time, in addition to fines ranging from $200 to $1,000.
• DUI Resulting in Death. A DUI that leads to the death of another individual is categorized as a felony, which can be penalized with fines ranging from $1,000 to $3,000, in addition to a prison sentence of 2 to 10 years.

License Suspension and DUI Programs

In addition to criminal penalties, West Virginia has strict administrative consequences for any DUI conviction. Depending on the driver’s case details, they could be facing:

• License suspension. A DUI conviction leads to an automatic suspension of the driver’s license. The length of a suspension is dependent on factors such as the severity of the offense and the driver’s criminal history.
• Mandatory substance treatment. DUI offenses come with a requirement of completing an alcohol education or treatment program before a driver is able to get back on the road again.
• Ignition interlock devices. DUI offenders could be required to install an ignition interlock device in their car, which keeps them from starting the vehicle unless they pass a breathalyzer test.

Understanding West Virginia’s High DUI-Related Fatality Rate

West Virginia’s traffic fatality rate is higher than the national average of 1.11 deaths per 100 million vehicle miles traveled in 2019, with a rate of 1.36. The economic burdens associated with traffic accidents in the state were $1.4 billion in 2019, which underscores the financial difficulties that come with accidents related to DUIs. For this reason, law enforcement is encouraged to make arrests. Meanwhile, the prosecution is pressured to secure convictions.

What You Should Do After a DUI Arrest

If you’ve been arrested for driving under the influence in West Virginia, it’s crucial to keep your calm and comply with law enforcement’s terms of arrest. It’s important to note, however, that you should exercise your right to remain silent and access a skilled criminal defense attorney as soon as possible, especially before undergoing any questioning.

A skilled attorney can help you understand the legal options you may have available, such as negotiating an optimal plea deal or entering a DUI diversion program. They can also help you maintain compliance with all legal requirements, navigating subsequent civil and criminal defense processes.

FAQs

Q: What Are the Penalties for a First-Time DUI in West Virginia?

A: The penalties for a first-time DUI in West Virginia that involves a BAC between 0.08% and 0.149% involve up to six months of jail time, license suspension, and fines between $100 and $500. If the associated BAC was 0.15% or greater, this is categorized as an aggravated DUI, therefore coming with a minimum sentence of at least 48 hours in jail and fines ranging from $200 to $1000.

Q: How Long Will My License Be Suspended for a DUI?

A: The amount of time your license may be suspended for a DUI depends on the type of offense in question. As a general rule, first-time offenses come with a six-month suspension; however, alternative programs, such as the ignition interlock program, could facilitate an earlier reinstatement of the license. Repeated convictions of a DUI can result in longer suspensions of the driver’s license.

Q: What Happens if I Cause an Injury While Driving Under the Influence?

A: If you cause an injury while driving under the influence, this is a DUI that results in injury crime, which comes with at least 24 hours in jail, up to a maximum of one year. Additionally, you could be dealing with fines ranging from $200 to $1000. DUIs that lead to fatalities are felonies, which are punishable by up to 10 years in prison and fines of up to $3,000.

Q: Can I Reduce My DUI Penalties by Attending a Treatment Program?

A: Depending on the details of your case, you may be able to reduce your DUI penalties by attending a treatment program, such as the West Virginia ignition interlock program, or getting alternative sentencing. This means you would be eligible to have your driver’s license reinstated earlier if you effectively complete a DUI treatment or education program. A knowledgeable attorney can help you understand your options.

Work With a Skilled DUI Criminal Defense Attorney in West Virginia

If you or a loved one has been charged with a DUI in West Virginia, the stakes are high, ranging from incarceration to fines to a damaged personal reputation. An empathetic West Virginia criminal defense attorney from Meadows Law PLLC understands the significant consequences of a DUI and is, therefore, here to help you fight for optimal case outcomes. Contact us today to schedule a free consultation so that we can start discussing your case.