West Virginia DUI Law & Lawyers: DUI-Web

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When you are arrested for a drunk driving related charge in West Virginia it will result in two separate cases. The first case is the criminal case in which you can be subject to various penalties including fines, mandatory alcohol education classes, community service, probation and even jail time. The second case is a civil or administrative case with the West Virginia DMV. The sole issue with this case is your privilege to drive. Since these cases are separate and independent of each other it is possible to have the criminal charges dismissed and still have your license suspended through the administrative case.

With respect to the criminal case, the prosecution has two separate theories in which to pursue the charges. The first theory, and the most common, is the "per se" theory. Under this theory, the prosecution must prove that you were driving a vehicle with a blood-alcohol content of .08% or higher. It makes no difference whether your consumption of alcohol negatively impaired your ability to safely drive. This theory relies solely on your body chemistry.

The second theory is the traditional common law "under the influence" theory. Under this theory the prosecution must prove beyond a reasonable doubt that due to your consumption of alcohol, your mental and physical ability to drive was negatively affected. The evidence typically introduced to prove this theory can include the arresting officer's testimony regarding your field sobriety test, your driving pattern and physical appearance and possibly the testimony of eyewitnesses.

West Virginia Criminal Punishments

As with most states, second and subsequent offenses will result in harsher penalties than a first offense. Currently, West Virginia has a 10 year look back period, meaning that the state can look back 10 years from the date of your most current arrest to determine whether you have any prior DUI’s on your record. The punishments for DUI in West Virginia can include:

A minimum of 24 hours in jail, up to six months in jail with a fine of between $100 and $500; community service or the possibility of home confinement with electronic monitoring in lieu of incarceration; a victim impact panel and a crime victims compensation fund surcharge.

A minimum of six months in jail, up to one year; a fine of between $1,000 and $3,000; a victim impact panel and a crime victims compensation fund surcharge.

A minimum one year in jail, with a maximum of three years in jail and a fine of between $3,000 and $5,000; a victim impact panel and a crime victims compensation fund surcharge.

West Virginia Driver’s License Consequences

As discussed above, not only will you have to deal with defending the criminal charges of DUI, but you will have to deal with the administrative case with the West Virginia DMV. If arrested for DUI in West Virginia and you either refuse the chemical test or your test results were at or above the legal limit of .08%, the West Virginia DMV will attempt to suspend your license. You have a limited amount of time in which to appeal the suspension of your license. If you timely appeal the suspension you’ll be able to continue to drive on your license until the decision is made regarding your suspension. If you fail to timely request a hearing your license will be suspended automatically with no recourse.