![\"DUI](\"https:\/\/images.squarespace-cdn.com\/content\/v1\/65b5208d3015b344ac63cced\/13e3cb75-3b39-44ce-a29f-d657c96c9be8\/DUI+Defense\")
If you or a loved one has been charged with Driving Under the Influence (DUI) of alcohol or a controlled substance, the process can feel overwhelming. License suspensions, jail time, and fines are just a few of the potential penalties. Retaining a West Virginia DUI lawyer is the first step in ensuring that the evidence against you is sufficient, that your constitutional rights are protected, and that potential harms are mitigated.<\/p>\n
This article provides a general overview of basic West Virginia DUI law. It is not a substitute for legal advice from a qualified DUI attorney<\/a>.<\/p>\n West Virginia law prohibits operating a vehicle in an impaired state. Impairment may result from:<\/p>\n Alcohol<\/p>\n<\/li>\n Controlled substances<\/p>\n<\/li>\n Other drugs or inhalants<\/p>\n<\/li>\n A combination of the above<\/p>\n<\/li>\n<\/ul>\n Generally, if a person drives in an impaired state: Misdemeanor, up to 6 months in jail, and fines between $100\u2013$500 (W. Va. Code \u00a7 17C-5-2(e))<\/a>.<\/p>\n<\/li>\n BAC under 0.15%: Misdemeanor, up to 6 months in jail, and fines between $100- $500 (W. Va. Code \u00a7 17C-5-2(e))<\/a>.<\/p>\n<\/li>\n BAC 0.15% or higher: Jail term of 2\u20136 months (including at least 24 hours of actual confinement) and fines between $200\u2013$1,000 (W. Va. Code \u00a7 17C-5-2(f))<\/a>.<\/p>\n<\/li>\n<\/ul>\n License suspensions are directly tied to DUI convictions.<\/p>\n<\/li>\n Generally, if a person drives in an impaired state: License revoked for 1 year or conditioned on participation in the Motor Vehicle Alcohol Test and Lock Program.<\/p>\n<\/li>\n BAC under 0.15%: License revoked for 1 year or conditioned on participation in the Motor Vehicle Alcohol Test and Lock Program.<\/p>\n<\/li>\n BAC 0.15% or higher: Same revocation period, with mandatory participation in the test and lock program (W. Va. Code \u00a7 17C-5-2(f)<\/a>).<\/p>\n<\/li>\n<\/ul>\n First-time offenders may qualify for deferred adjudication if their BAC is under 0.15% or they were simply driving in an impaired state. Some basic principles are as follows:<\/p>\n<\/li>\n Must notify the court within 30 days of arrest.<\/p>\n<\/li>\n Court places the driver on probation and requires participation in the DMV Alcohol Test and Lock Program<\/a> for at least 165 days (after a 15-day suspension).<\/p>\n<\/li>\n Upon successful completion, the case may be dismissed.<\/p>\n<\/li>\n Only one discharge\/dismissal is allowed under the statute.<\/p>\n<\/li>\n Exclusions: Commercial driver\u2019s license holders and those who refused chemical testing.<\/p>\n<\/li>\n<\/ul>\n Penalties for injury, death, and repeat offense are greater than the general DUI penalties. <\/p>\n<\/li>\n Causing bodily injury: 2\u201310 years in prison, $1,000\u2013$3,000 fine, and 2-year license suspension.<\/p>\n<\/li>\n Causing death: 3\u201315 years in prison, $1,000\u2013$3,000 fine, and 10-year license suspension.<\/p>\n<\/li>\n Repeat offenders:<\/p>\n<\/li>\n Second offense (within 10 years): 6\u201312 months in jail, $1,000\u2013$3,000 fine, and 10-year license revocation<\/p>\n<\/li>\n Third or subsequent offense: 2\u20135 years in prison, $3,000\u2013$5,000 fine, and lifetime license revocation.<\/p>\n<\/li>\n<\/ul>\n DUI law in West Virginia is complex, involving both criminal and licensing issues. An experienced DUI attorney<\/a> in Putnam County or Kanawha County will:<\/p>\n Evaluate the legality of the traffic stop<\/p>\n<\/li>\n Examine the evidence against you<\/p>\n<\/li>\n Advise on the best course of action<\/p>\n<\/li>\n Work to mitigate potential punishments<\/p>\n<\/li>\n<\/ul>\n If you\u2019ve been charged with DUI in Putnam<\/a> or Kanawha<\/a> County, the clock is already running on your case. Barney Law PLLC<\/a> handles DUI cases from the first court appearance through trial, including challenges to the stop, the arrest, and the breath test, and any blood test. Call us at 304-932-8775 to discuss representation. <\/p>\nWhat Counts as Driving Under the Influence?<\/h1>\n
\n
Penalties for DUI in West Virginia<\/h1>\n
\n
Driver\u2019s License Consequences after a DUI<\/h1>\n
\n
Deferred Adjudication for First-Time DUI Offenders <\/h1>\n
\n
Enhanced Penalties for Injury, Death, and Repeat Offenses<\/h1>\n
\n
Why You Need an Experienced West Virginia DUI Lawyer?<\/h1>\n
\n
Contact Barney Law PLLC<\/h1>\n