Find a West Virginia DUI Attorney For Your Case
West Virginia DUI Laws Penalties And Fines
West Virginia Driving Under the Influence (DUI) Laws
Drunk driving offenses are regulated by state law, and different states have different names for them, like Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Operating Under the Influence (OUI), Operating While Intoxicated (OWI), and others. In West Virginia, drunk driving is called Driving Under the Influence (DUI). Here is some basic information about West Virginia drunk driving laws:
Definition of Intoxication:
West Virginia Driving Under the Influence (DUI) may be proved two different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). West Virginia drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in West Virginia:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with BAC of 0.04 or Above
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI – DWI in West Virginia is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Evidence that your BAC was greater than 0.05 can be used to prove driving under the influence in West Virginia, resulting in the suspension of your driver’s license and other penalties. Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
West Virginia Drunk Driving Laws
Consequences of a DUI Offense in West Virginia
A drunk driving conviction in West Virginia has serious consequences, which become even more severe with repeat offenses and other aggravating factors, like a BAC higher than 0.15, a DUI that was committed with a child passenger, or a DUI that causes injury or death. A DUI conviction in West Virginia remains on your record for ten (10) years, for purposes of calculating repeat offense levels.
The arresting officer confiscates a West Virginia DUI arrestee’s driver’s license immediately, pending an administrative suspension hearing, which must be requested within ten (10) days. West Virginia does not offer court-granted hardship licenses.
