Repeated DUI Consequences

Being arrested for Driving Under the Influence (DUI) in West Virginia multiple times leads to increasingly harsh penalties with each conviction. When deciding on sentences for DUI convictions, judges in West Virginia review your record over the previous ten-year period. The number of your prior convictions plays a direct role in the fines you’ll pay, the length of your jail sentence, and how long your driver’s license will be suspended. If you find yourself with multiple DUI convictions, it is critical to get legal guidance.

How Blood Alcohol Concentration (BAC) Affects Repeat DUI Penalties

Beyond just the number of previous convictions, your blood alcohol concentration (BAC) level is a major factor in the penalties for a repeat DUI, even if it’s only your second offense. The charges are categorized into three tiers. If you are facing these serious charges, a skilled Wheeling criminal lawyer can help you navigate the complexities of your case.

Tier 3: Highest DUI

• A Tier 3 charge is applied if your BAC is 0.16 percent or higher, or if any drugs (whether prescription or illegal) are found in your system.
• Refusing to take a blood, breath, or urine test also automatically results in a Tier 3 charge.
• A Tier 3 DUI is classified as a first-degree misdemeanor.
• Penalties can include a prison sentence of up to five years, a license suspension for 18 months, mandatory driving safety classes, community service, and a required drug and alcohol evaluation.

Tier 2: High DUI

• A Tier 2 charge applies when your BAC is between 0.10 percent and 0.159 percent.
• This level of DUI is considered an ungraded misdemeanor.
• The potential jail sentence for a second offense in this tier ranges from 30 days to six months.
• It also includes a 12-month license suspension, mandatory safe driving classes, and a drug and alcohol evaluation. Seeking advice from a Wheeling DUI attorney is essential in these situations.

Tier 1: General Impairment

• A Tier 1 DUI charge is for a BAC between 0.08 percent and 0.099 percent.
• Like Tier 2, this is also an ungraded misdemeanor.
• For a second offense, the jail sentence can range from five days to six months.
• Your license will also be suspended for one year.

Penalties for a Third DUI Offense

Receiving a third DUI charge within a ten-year span brings exceptionally severe penalties. A Tier 1 or Tier 2 DUI on a third offense can lead to a jail sentence between five days and five years. For a Tier 3 DUI, the sentence escalates to one to five years in a state prison, which is a more serious facility than a county jail. These punishments are incredibly harsh and underscore the need for a robust legal defense. The expertise of a Wheeling criminal lawyer can be invaluable when facing such charges.

Stricter Penalties Under 2018 DUI Law Changes

In 2018, West Virginia’s DUI laws were updated, introducing even tougher penalties for repeat offenders.

• A person facing their third DUI with a BAC of 0.16 percent or higher can now be charged with a felony.
• This same felony charge applies to anyone with a lower BAC if it is their fourth or subsequent DUI arrest.

The updated laws also address situations where a DUI results in harm to others.

• If a person driving under the influence causes someone’s death, they will face a first-degree felony charge.
• If the driver was operating the vehicle without a license or with a suspended license at the time, the potential prison sentence is increased by five years.
• Furthermore, if someone is charged with aggravated assault for injuring another person while intoxicated and driving without a valid license, they could face an extra two years in prison. An experienced Wheeling DUI attorney can explain these enhanced penalties in detail.

Why You Need an Experienced DUI Attorney Now

Have you or someone close to you been arrested for a second or third DUI in the last decade? If so, you require the expertise of a seasoned criminal attorney who has managed countless DUI cases, many just like yours.

At Logue Criminal Defense, we have a strong track record of successfully representing individuals arrested for Driving Under the Influence. Our team proudly serves clients in the Wheeling area, as well as West Virginia and Eastern Ohio. Contact us today at 844.PITT.DUI to arrange a free consultation. You can also connect with us online. It’s crucial to act swiftly, as a third DUI conviction carries severe, life-altering consequences.

Remember, the more time that passes before you secure legal representation, the harder it may be for a Wheeling DUI attorney to achieve the best possible result for your case. Do not wait any longer. Call us right away!