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West Virginia DUI Information

"Per Se" BAC Level: 0.8
"Zero Tolerance" BAC Level: 0.2
Enhanced Penalty BAC Level:--
"Implied Consent" Law: yes

Administrative License Suspension/Revocation (1st/2nd/3rd Offense) :6m/ 1y/ 1y
Mandatory Alcohol Education and Treatment/Assessment: Both - in limited circumstances
Vehicle Confiscation Possible?: No
Ignition Interlock Device Possible?: Yes

West Virginia DUI / DWI cases predicated on the per se charges take the opposite view. These DUI / DWI prosecutions are based only on the chemical test results, and do not care about impairment at all. The only inquiry for a per se charge is whether or not the accused drunk driver was above the legal limit of .08% at the time of driving. (Note: as of May 5, 2004 the legal limit for West Virginia DUI / DWI cases was reduced from .10 to .08%.)

If arrested for DUI / DWI, the West Virginia implied consent law requires you to submit to testing of your blood or breath for alcohol content. If this testing is refused following a DUI / DWI arrest, there is a DMV administrative action that could result in suspension of your driving privileges from one year to as long as a lifetime ban from driving. West Virginia, unlike some states, does not criminalize the refusal to test following a West Virginia DUI / DWI arrest. There is no work permit available following a DMV action in West Virginia.

West Virginia drinking and driving law provides for a look-back period of 10 years. This means that if there is a prior DUI / DWI conviction more than 10 years before the current case, the current DUI / DWI will be prosecuted as a first offense. If there is a DUI / DWI conviction within 10 years of the current case, the current case will be prosecuted as a second-offense DUI / DWI (or more, depending upon the number of priors). These prior convictions significantly increase the punishment for conviction of a DUI / DWI.

Punishment in West Virginia Criminal Court

West Virginia DUI / DWI Conviction - First Offense

Minimum: 24 hours.
Maximum: 6 months.
Fine: $100 to $500, plus court costs/surcharges.

West Virginia DUI / DWI Conviction - Second Offense

Minimum: 6 months.
Maximum: 1 year.
Fine: $1,000 to $3,000, plus court costs/surcharges.

West Virginia DUI / DWI Conviction - Third Offense

Minimum: 1 year.
Maximum: 3 years.
Fine: $3,000 to $5,000, plus court costs/surcharges.

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