Consequences for a First-Time DUI

If you are arrested for driving under the influence (DUI), the consequences you face can be significant and vary based on several factors. Key elements include your blood alcohol concentration (BAC) and whether any drugs, prescribed or otherwise, were found in your system. To effectively handle this complex situation, it is essential to get help from a legal professional.

DUI Tiers in West Virginia

West Virginia law classifies DUI offenses into different tiers, which dictate the specific penalties and fines for a first-time charge. Understanding these tiers is crucial.

Tier 3: Highest DUI

A DUI offense is classified as Tier 3, the most severe category, if your BAC is 0.16 percent or higher. This level is double the legal limit in West Virginia. Your charge can also be elevated to Tier 3 if you refuse to submit to a blood, breath, or urine test, or if illegal narcotics or certain prescription medications are present in your system. A skilled Wheeling criminal lawyer can help clarify the specifics of your case.

Penalties for a first-time Tier 3 offense can be substantial and may include:

• Fines between $1,500 and $5,000
• A jail sentence ranging from three days to six months
• A mandatory one-year suspension of your driver’s license
• Community service, with requirements varying by county
• A compulsory alcohol evaluation interview (CRN) and safe driving classes

Tier 2: High DUI

If your BAC is between 0.10 and 0.159 percent on a first-time DUI offense, it falls under the Tier 2, or “High DUI,” category. The penalties for a High DUI are still serious and often involve a jail sentence of two days to six months and a one-year driver’s license suspension.

The Importance of Legal Counsel

The potential for a license suspension in Tier 2 or Tier 3 cases can have a profound impact on your life. This is why securing the services of an assertive and experienced Wheeling DUI attorney is so important. A knowledgeable lawyer can provide numerous advantages, such as helping you enroll in a First Offender Program to potentially reduce your license suspension period. In some instances, depending on the details of your case, they might even help you avoid a suspension altogether.

Tier 1: General Impairment DUI

A Tier 1 DUI, also known as a General Impairment DUI, is the least severe offense. This applies when a person’s BAC measures between 0.08 percent and 0.999 percent. For first-time offenders in this tier, there is typically no required jail time or automatic license suspension. However, consulting a Wheeling criminal lawyer can ensure that you fully understand your rights and maximize any opportunity to reduce or dismiss your charges.

West Virginia’s First Offender Program

West Virginia offers a program for first-time offenders called the Accelerated Rehabilitative Disposition (ARD) program. This serves as an alternative to traditional punishment, focusing instead on rehabilitation. By successfully completing the ARD program, you may have your charges dropped and can pursue having the DUI arrest expunged from your criminal record.

Qualifying for the ARD Program

To be eligible for the ARD program, you generally must meet several criteria:

• You must have no prior DUI convictions.
• Your vehicle must have been properly registered at the time of the arrest.
• You must have had a valid driver’s license when the arrest occurred.
• The DUI incident must not have involved a related accident.

If you or someone you know has been arrested for a first-time DUI, it is crucial to consult with a knowledgeable Wheeling DUI attorney who specializes in DUI law and defenses. The legal team at Logue Criminal Defense has assisted numerous clients with DUI charges and can offer their expertise. We serve the Wheeling area, as well as parts of Pennsylvania and Ohio, and provide a free initial consultation. Contact us today at 844.PITT.DUI or visit our website for more information.