Anyone who drives in the state of West Virginia with a blood alcohol content (BAC) of .08 or higher could face DUI charges. A conviction can result in the loss of driving privileges, along with other penalties.
Penalties for a DUI Conviction
First-time offenders with a BAC between .08 and .149 will have their licenses revoked for a minimum of 15 days. An interlock ignition device (which requires a breath sample before starting the vehicle and at random intervals when driving) must be installed in the vehicle for at least 125 days.
If it is a first-time DUI but the driver has refused to submit to a chemical test, the revocation period will be a minimum of 45 days and the ignition device must be installed for a minimum of one year. With a first-time conviction where the BAC is .15 or higher, revocation period is a minimum of 45 days and the device must be installed for 275 days.
If a first-time offender causes bodily injury to another person, minimum revocation period is two months and device must be installed for at least one year. If there are minor children in the vehicle or it is a second or subsequent conviction within 10 years of a prior DUI offense, revocation period is minimum of two months and device installation is minimum of ten months.
First-time offenders who cause the death of someone else face a six-month minimum revocation period and minimum of two years with the ignition interlock device. When the death stems from reckless disregard, the revocation period is increased to a minimum of 12 months, with the same two-year minimum regarding the device.
There may be other penalties faced by those convicted of DUI depending on the circumstances. In addition, a required driving course geared toward habitual offenders should be taken when charged with a second or subsequent DUI.
Those injured by drunk drivers in a car accident, meanwhile, may file a claim or lawsuit to recover damages they’ve experienced. For help, victims or their families should call The Miley Legal Group at 304-931-4088.