West Virginia DUI Laws (Part A)

Demonstrating good judgment, being attentive, and having quick reflexes can help you avoid most collisions on the road. But for those people who choose to drive after drinking alcohol or using illegal drugs, the result is often a serious or fatal DUI accident.

Over the past several years, almost 40% of the car accidents in West Virginia involved a driver who had been drinking alcohol.

West Virginia DUI Laws and Penalties

West Virginia DUI Laws call for steep penalties for those who are convicted of driving under the influence (DUI), including: 

  • Initial offense: up to 6 months in jail, a fine between $100 and $500, and a 15-day license suspension;
  • Initial offense with a blood alcohol level of .15 or above: a minimum of 2 days in jail, a maximum fine of $1,000, and a 45-day license suspension;
  • Initial offense with a person under 16 years of age also in the car: between 2 days and 12 months in jail, a fine of between $200 and $1,000, and a 15-day license suspension;
  • Second offense: between 6 and 12 months in jail, a fine between $1,000 and $3,000, a 1-year license suspension, and the installation of an ignition interlock system on all vehicles; and
  • Third offense: between 1 and 3 years in jail, a fine between $3,000 and $5,000, a 1-year license suspension, and the installation of an ignition interlock system on all vehicles. 


Filing a West Virginia Personal Injury Claim

It is important to remember that there may also be civil court proceedings associated with any DUI accident in West Virginia. These proceedings are not directly related to the criminal prosecution of a West Virginia DUI or its outcome.

This means that if you or a loved one wants to seek damages from the person responsible for your DUI accident injuries, a West Virginia personal injury claim must be filed. A Clarksburg car accident lawyer can help you file a claim for medical bills related to your injuries, lost wages, and non-economic damages such as pain and suffering.

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