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DUI Penalties
In Wheeling, as in the rest of the United States, driving under the influence (DUI) is treated as a serious offense by the courts. West Virginia has a tiered system that sets out specific punishments for DUI convictions, and our legal team is thoroughly familiar with these guidelines. Let us break down the details of DUI penalties and what they could mean for you.
If you are found driving with a blood alcohol content (BAC) over the legal limit of .08, you will automatically face charges for driving under the influence. Understanding the potential consequences of these charges is crucial. A skilled Wheeling DUI attorney can help you navigate this complex situation.
A DUI conviction can have a significant impact on your ability to get and keep different kinds of insurance, such as auto, health, life, and disability coverage. Insurance companies frequently raise premiums or may even decide to cancel policies entirely after a DUI conviction.
The state of West Virginia enforces strict penalties for DUI offenses, which are detailed below. Whether your arrest occurred in West Virginia or a neighboring state, Attorney Sean Logue and his team are prepared to defend your case aggressively and effectively. A knowledgeable Wheeling DUI attorney can make a significant difference in the outcome of your case.
It’s not advisable to handle the complexities of DUI penalties on your own. Get in touch with us today for professional advice and dedicated legal support.
West Virginia DUI Penalties
| Prior DUIs | Penalties – .08 to .099 percent BAC, or undetermined BAC | Penalties – .10 to .159 percent BAC | Penalties – .16 percent or greater BAC |
| None | Up to six months of probation; $300 fine; attendance at alcohol highway safety school, with the possibility of substance abuse treatment. | One-year license suspension; two days to six months in prison; $500 to $5,000 fine; mandatory attendance at alcohol highway safety school, with the possibility of substance abuse treatment. | One-year license suspension; three days to six months in prison; $1,000 to $5,000 fine; mandatory attendance at alcohol highway safety school, with the possibility of substance abuse treatment. |
| One | One-year license suspension; five days to six months in jail; fines from $300 to $2,500; attendance at an alcohol highway safety school; potential substance abuse treatment; one-year ignition interlock requirement. | One-year license suspension; 30 days to six months in prison; fines from $750 to $5,000; attendance at an alcohol highway safety school; potential substance abuse treatment; one-year ignition interlock requirement. | First-degree misdemeanor. An 18-month license suspension; three months to five years in prison; fines from $1,500 to $10,000; attendance at an alcohol highway safety school; potential substance abuse treatment; one-year ignition interlock requirement. |
| Two or more | One-year license suspension; 10 days to two years in prison; $500-$5,000 fine; possible substance abuse treatment; one-year ignition interlock. | 18-month license suspension; three months to five years in prison; $1,500-$10,000 fine; possible substance abuse treatment; one-year ignition interlock. | 18-month license suspension; one to five years in prison; $2,500-$10,000 fine; possible substance abuse treatment; one-year ignition interlock. |
| Three or more | One-year license suspension; 10 days to two years in prison; $500-$5,000 fine; possible substance abuse treatment; one-year ignition interlock requirement. | 18-month license suspension; one to five years in prison; $1,500-$10,000 fine; possible substance abuse treatment; one-year ignition interlock requirement. | 18-month license suspension; one to five years in prison; $2,500-$10,000 fine; possible substance abuse treatment; one-year ignition interlock requirement. |
Recent legal updates, introduced in 2018, have reclassified a third DUI offense with a Blood Alcohol Content (BAC) of 0.16 percent or higher as a felony. This change means that a conviction carries much more severe penalties. It’s crucial to consult a Wheeling criminal lawyer if you are facing such serious charges.
Under the new legislation, a fourth DUI, irrespective of the BAC level, is now automatically classified as a felony charge.
Furthermore, the law has amplified the penalties for DUI incidents that result in the death of another individual. If the driver who caused the accident is discovered to be driving with a suspended license or without a license at all, they will face an additional five years in prison. Similarly, individuals convicted of aggravated assault while driving on a suspended license will now receive an additional two years of jail time.
Drunk Driving Defense
Are you in search of dependable and effective legal help for drunk driving charges? Reach out to Logue Law Group online or call us at (844) PITT-DUI for a complimentary consultation with a qualified Wheeling DUI attorney. Our skilled team will manage your case with diligence, working to either avoid or lessen any potential DUI penalties.
Serving West Virginia, Eastern Ohio, and the surrounding regions, Sean Logue and the team at Logue Law Group are committed to delivering outstanding legal representation.
DUI Consequences
A DUI conviction carries a wide range of consequences that go far beyond legal penalties. These effects vary based on several factors, including your profession, whether you hold professional licenses (like a Commercial Driver’s License), and the reactions of your friends and family. A Wheeling criminal lawyer can help you understand the full scope of these potential consequences.
One of the most immediate ways a Driving Under the Influence (DUI) charge can affect you is your employment. For certain jobs, such as professional truck drivers or CDL holders, a DUI conviction can result in the permanent loss of your commercial driver’s license and, consequently, your livelihood. Finding a new job after serving a jail sentence and completing a license suspension is often much harder with a DUI on your criminal record. The financial pressure from struggling to pay bills and support your family only adds to this difficult situation.
A DUI conviction is always reported to your car insurance company, which will cause your insurance rates to go up. The size of this premium increase depends on how many prior convictions you have. If you get a third DUI conviction within a ten-year period, the cost of insurance might become so high that you can no longer afford it. A good Wheeling DUI attorney may be able to help mitigate some of these financial impacts by challenging the charges against you.
As expected, a DUI conviction leads to the suspension of your driver’s license, creating major inconveniences for both you and your family. Getting to work—assuming you can keep your job or find a new one— becomes a daily challenge. Simple activities like taking your children to school, practices, or other events become impractical. Even routine errands like grocery shopping are suddenly filled with new obstacles.
Lost time is another major consequence of a DUI conviction. You may be ordered to perform community service, take safe driving classes, and go through drug and alcohol assessments. Sentences involving jail or state prison are also possible outcomes. Every hour you spend fulfilling these court-ordered punishments is an hour you can never get back. This permanent loss of time serves as a powerful reminder of the gravity of the consequences.
From a legal standpoint, the severity of the consequences from a DUI conviction is determined by your level of impairment and your prior criminal record. Jail sentences can range from as short as five days to as long as five years. Fines can vary from $500 to an imposing $10,000. Additionally, the duration of driver’s license suspensions can range from just 30 days to 18 months. A Wheeling criminal lawyer can help you navigate these penalties and advocate for reduced or alternative sentencing based on the unique circumstances of your case.
Navigating the complicated web of DUI consequences is filled with challenges. Understanding the possible outcomes can act as a motivation to make responsible decisions and avoid the severe repercussions that come from driving under the influence.
If you or someone you care about has been arrested for Driving Under the Influence (DUI), it is essential to hire a reputable Wheeling criminal lawyer. At Logue Criminal Defense, we have managed hundreds of DUI cases, including many similar to yours. Our dedicated team proudly serves clients in Wheeling, as well as West Virginia and Ohio. To schedule a free initial consultation, please call us at (844) PITT-DUI or contact us online. We are here to guide you through this difficult period.