First DUI Offense

Mistakes are part of being human, no matter how hard we try to avoid them. Unfortunately, one such mistake could be receiving a DUI charge. A DUI charge can significantly impact your personal and professional life, even if it’s your first offense. Across the United States, law enforcement officers are strictly enforcing DUI laws, which means individuals without any prior offenses may face severe consequences.

First-Time DUI Penalties

Penalties According to Blood Alcohol Concentration (BAC) Levels

Under West Virginia law, penalties for a first-time DUI offense vary depending on the individual’s BAC at the time of arrest. Below are the classifications:

General Impairment (.08–.09 BAC)

• Potential Jail Time: Up to 6 months
• Fines: Up to $300
• Other Requirements:
  • Attendance at Alcohol Highway Safety School
  • Probation for up to 6 months

High BAC (.10–.159 BAC)

• Jail Time: 2 days to 6 months
• License Suspension: 12 months
• Fines: $500–$5,000

Highest BAC (.16 BAC and above)

• Jail Time: 72 hours to 6 months
• License Suspension: 12 months
• Fines: $1,000–$5,000

For General Impairment-level first offenses, there is no mandatory jail time or license suspension. However, recent updates to the law now require some first-time DUI offenders to install an ignition interlock device following a conviction. A Weirton criminal lawyer can help determine whether this requirement applies in your case and explore possible defenses or sentencing alternatives.

What Is an Ignition Interlock Device?

An ignition interlock device functions like a breathalyzer and is connected to a vehicle’s ignition system. Before starting the car, the driver must blow into the device. If the device detects alcohol above the legal limit, the car will not start. If the BAC is below the limit, the engine will start as normal.

The goal of this device is to allow individuals convicted of DUI to retain their driving privileges and, in many cases, keep their employment intact.

What Happens if You Refuse a Breathalyzer?

Refusing a breathalyzer when arrested has serious consequences. For example:

• You may need to install an ignition interlock device solely on your vehicle for one year.
• You will face stricter penalties, including license suspension and steeper fines, particularly if your BAC falls under the High BAC or Highest BAC categories.

If you’re looking for guidance on these scenarios, consult with a Weirton DUI attorney to better understand your rights.

Alternatives to Conviction for First-Time DUI Offenders

Although a DUI conviction may seem inevitable, alternatives exist to help first-time offenders avoid a criminal record. Options may include:

Probation and Deferred Verdicts

• Qualifying individuals can enter probation.
• Upon completing the probation period without additional charges, the DUI can potentially be removed from their permanent record.

Accelerated Rehabilitative Disposition (ARD) Program

• This program is designed specifically for first-time DUI offenders in West Virginia.
• Successful completion of the program can lead to the offense being expunged from the individual’s record.

An experienced Weirton criminal lawyer can help explore these programs and ensure you understand all the available options.

Seek Legal Assistance for First-Time DUI Charges

If you’ve been charged with Driving Under the Influence for the first time in or near Weirton, securing knowledgeable representation is crucial. Working with an experienced attorney can significantly improve your chances of achieving a favorable outcome.

At Logue Law Group, our skilled Weirton DUI attorneys have helped countless individuals in Weirton and nearby areas handle their DUI cases. We proudly assist clients across Southwestern West Virginia, West Virginia, and Ohio.

Why Choose Logue Law Group?

• Free initial consultations to review your case
• Experienced Weirton-based attorneys with a personalized approach
• Proven experience representing first-time DUI offenders

Don’t wait to seek help. The sooner you contact us, the stronger your defense can be.

Call 844.PITT.DUI or visit our website today to schedule your free consultation with a trusted Weirton criminal lawyer.

Key Takeaways

• A first DUI offense can carry serious penalties depending on your BAC.
• Alternatives to a conviction, such as probation or the ARD program, may help keep your record clean.
• Consulting with an experienced Weirton DUI attorney can greatly impact your case’s success.

If you’ve recently received a DUI charge, reach out to our team right away. We’re here to help you move forward. Call 844.PITT.DUI today!