DUI Rules & Regulations

Updates to DUI Laws in West Virginia

Significant changes have been made to DUI laws that might affect drivers from West Virginia and beyond. Some of these changes target first-time offenders, prescribing new measures for addressing unsafe behaviors related to driving under the influence. A DUI charge can arise not only from excessive alcohol consumption but also from the use of certain prescription medications, even if legally prescribed by a doctor.

Changes to DUI Penalties (Effective August 2017)

Ignition Interlock Device for First-Time Offenders

First-time DUI offenders in West Virginia are now required to install an ignition interlock device in their vehicles. This measure aims to prevent further offenses by ensuring the driver’s Blood Alcohol Content (BAC) remains below the legal limit of 0.08%. Here’s how it works:

• Key Features of the Device:
  • Before starting the vehicle, drivers must blow into the device, which measures their BAC.
  • If the BAC exceeds 0.08%, the ignition will not start.
  • The device allows for a re-test after five minutes of a failed attempt. A second failed attempt results in a 30-minute lockout period.
  • Random “rolling re-tests” are also conducted while the vehicle is in motion to maintain process integrity.

A Weirton criminal lawyer can guide you through the technical and legal implications of installing and maintaining the ignition interlock system.

• Additional Costs:
  • First-time offenders must bear the cost of installation, which is handled by approved PennDOT mechanics.
  • This installation typically costs around $100 annually.
• Driving Privileges:
  • Offenders are permitted to drive to work provided they obtain an ignition interlock license, which is mandatory for one year.

Adjustments to License Suspensions

Previously, first-time DUI convictions led to a one-year license suspension. However, under the updated law, individuals who decline a blood-alcohol test during their first offense may now opt to install an ignition interlock device after serving a six-month suspension, reducing the suspension period significantly. This change alleviates employment pressures for many.

Drivers struggling with license suspensions often face financial and personal hardships. For instance:

• Employment Challenges: Many individuals lose job opportunities or endure reduced work hours due to transportation difficulties.
• Family Impact: Parents with suspended licenses may experience challenges in attending school events or family activities.

For those navigating such challenges, seeking legal guidance from a Weirton DUI attorney may help minimize disruptions to their daily lives.

Updates as of December 23, 2018

More Severe Penalties for Repeat Offenders

Starting December 23, 2018, the penalties for repeat DUI offenses in West Virginia became substantially stricter. Below are the key changes:

• Third High-DUI Offense:
  • A blood alcohol content (BAC) of 0.16% or higher could lead to a felony charge.
  • Repeat offenders facing their fourth DUI conviction or beyond will also face felony charges.
• Fatal DUI Incidents:
  • If a DUI results in a fatality, the offender could face a first-degree felony accompanied by an additional five years of prison time.
• Aggravated Assault and Unlicensed Driving:
  • Driving without a license while committing aggravated assault now incurs increased penalties, extending the resulting prison sentence by two years.
• Heightened Fines and Jail Terms:
  • For driving with a suspended license due to a DUI:
    • First offense carries a minimum fine of $500 and up to 60 days in jail.
    • The second offense includes a 90-day minimum jail term alongside a $1,000 fine.

These measures are intended to deter individuals from re-offending and to promote safer communities. If you or someone you know is navigating the legal implications of these changes, consulting a Weirton criminal lawyer can provide clarity and support in facing these challenges.

Why These Changes Matter

Lawmakers aimed to address the growing number of cases where suspended licenses disrupted livelihoods and led to unsafe driving practices. Individuals without active licenses often resort to driving illegally, further exacerbating their legal troubles. The new ignition interlock system provides a pathway for offenders to maintain their ability to work and support their families, while ensuring road safety for the community.

By implementing rolling re-tests and stricter penalties for repeat offenses, West Virginia’s legal system is taking a step forward in preventing DUI-related tragedies.

How a Weirton DUI Attorney Can Assist

Navigating nuanced legal changes like these can feel overwhelming, particularly if you’re facing the implications of a DUI conviction. An attorney stands ready to help understand the laws, avoid pitfalls, and minimize the penalties associated with your case. Similarly, a criminal lawyer can deliver tailored strategies to safeguard your rights.

Stay safe, informed, and prepared. Always prioritize responsible decision-making when it comes to driving. Call Weirton criminal lawyer at (844) 748-8384 for free consultation.