First Offense DUI in West Virginia

In West Virginia, the legal term for when a driver operates a car while drunk or drugged is called Driving Under the Influence, or DUI. Alternative terms like Driving While Intoxicated (DWI) are not commonly used in West Virginia. West Virginia DUI refers to operating a vehicle under the influence of alcohol, controlled substances, and other drugs (including prescription medications) that impair driving. In West Virginia, per Virginia Code §17C-5-2, a person commits a DUI while operating a vehicle and having a blood alcohol or drug level above the state-agreed-upon thresholds. West Virginia also has other DUI-related terms in its laws, such as DUI causing injury or death, aggravated DUI, and Underage DUI.

What Qualifies as a First DUI in West Virginia?

A driver in West Virginia qualifies for a first DUI in the state if they operate a vehicle on a public highway or private road and are arrested for a DUI without having prior convictions within the statutory look-back period, which is ten years. This includes persons who have never had a DUI conviction and persons with a previous DUI conviction who have gone ten years without another, and their slate is now considered wiped clean.

To be convicted for that first DUI, the person must be 21 years and over with BAC levels equal to or greater than 0.08% for regular drivers and 0.04% for commercial drivers. Drivers under 21 should not have a BAC level of 0.02% or greater.

Law enforcement officers in West Virginia use multiple approaches to determine driver impairment, combining observations of drivers, standardized testing, and chemical analysis. At the point where drivers are stopped, officers look for initial signs such as erratic driving, bloodshot eyes, slurred speech, and the smell of alcohol or drugs.

Officers may also ask suspected drivers to carry out tests for eye movements, balance, coordination, and standing on one leg. A preliminary breath test (PBT) administered during the stop may lead to an arrest if it exceeds the regulated limits, and subsequent chemical tests, such as breath and blood tests, may be conducted to detect the presence of alcohol. Where law enforcement officers suspect drug impairment, a drug recognition expert is brought in to conduct a 12-step evaluation, which includes using pulse, blood pressure, pupil examination, and toxicological confirmation through urine and blood tests.

Possible Penalties for a First Offense DUI in West Virginia

First offense DUI penalties in West Virginia typically include the following:

• Up to six months of jail time for a standard DUI, while an aggravated DUI (BAC equal to or above 0.15%) gets a minimum of 48 hours in jail and up to 6 months
• Fines of from $100 to $500 with court costs for standard DUI and fines of $200 to $1000 with court costs for aggravated DUI
• Six months to one-year license revocation is reduced to 15 to 45 days if the driver enrolls in the Test and Lock Program.
• An ignition interlock device is required for 125 to 270 days after the reduced suspension period.
• Mandatory attendance of state-approved substance abuse education/treatment classes
• Probation instead of jail time, which may include stricter conditions such as alcohol monitoring

Do You Lose Your License for a First DUI in West Virginia?

In West Virginia, license suspension is imposed upon arrest for a first DUI through administrative requirements, separate from criminal penalties. The Department of Motor Vehicles (DMV) imposes an immediate 90-day administrative ban after a driver fails a chemical test. This 90-day ban may be reduced to 15 days if the driver enrolls in the Motor Vehicle Alcohol Test and Lock Program, also known as an ignition lock program. Refusing to take a chemical test during a first arrest results in a one-year suspension, which may be reduced to 45 days upon enrollment in an interlock program.

Drivers who cooperate with the Test and Lock Program may be able to obtain a restricted license. After serving an initial 15-day suspension, complaint drivers may continue to drive with an ignition interlock device for the remainder of their term.

What Is the Implied Consent Law in West Virginia and How Does It Affect First DUI Cases?

West Virginia's implied consent law is a fundamental component of DUI enforcement in the state as it provides instant administrative penalties and also influences criminal outcomes. The law, as codified under West Virginia Code §17C-5-4, states that by operating a vehicle in West Virginia, a driver implicitly grants consent to preliminary breath analysis and secondary chemical tests, such as blood, breath, and urine, if law enforcement suspects them of driving under the influence (DUI). Refusal to comply triggers an automatic administrative revocation of a driver's license for one year or 45 days if the driver enrolls in the Test and Lock Program, which requires an ignition interlock device installation.

Drivers may contest an alleged refusal under the state's implied consent law by filing a written request submitted at the West Virginia DMV within 30 days of revocation. Failure to meet this deadline may lead to automatic license revocation.

Is an Ignition Interlock Device Required for a First DUI Offense in West Virginia?

An ignition interlock device (IID) is required for most first DUIs in West Virginia. However, factors such as the BAC level at the time of arrest, the driver's age, and enrollment in the state's test and lock program may affect its use. For example, an IID device is mandatory for cases of aggravated DUI when BAC is equal to or greater than 0.15%, while it is optional for standard DUI when BAC is between 0.08% and 0.149%. If they accept the test and participate in the lock program, individuals who refuse to take it may face a one-year suspension, which may be reduced to 45 days, along with 270 days of IID installation. However, the charges may be dismissed after 165 days of IID use. The first offense DUI resulting in serious bodily harm to another is to use the IID for at least one year, while a first offense leading to the death of another is for at least two years. Note that underage First DUI offenders in West Virginia are mandated to use the IID for 5 months.

Can a First DUI Be Dismissed or Reduced in West Virginia?

Yes, it is possible to have a first DUI charge dismissed or reduced in West Virginia under certain circumstances, such as through legal challenges, plea negotiations, or participation in diversion programs. For example, attorneys for drivers may seek dismissal of the case against them due to legal procedural errors, such as an invalid traffic stop, a faulty chemical test, or a violation of their rights. Charge reduction is available through prosecutors who may reduce the DUI to reckless driving through a plea bargain if the evidence is weak or the BAC level is low (0.08% to 0.10%). The plea bargain may result in lower fines, no mandatory jail time, or shorter license suspensions.

Long-Term Consequences of a First DUI

A long-term DUI conviction in West Virginia remains on record indefinitely, as DUIs are not eligible to be expunged. This means that background checks may reveal this conviction to interested parties who conduct them in perpetuity. This may lead to employment consequences, as some employers, in their hiring decisions, reject applicants with DUIs. A first-time DUI may influence the car insurance premium paid by the driver by up to 200 to 400%. Some insurers may cancel the driver's policy outright, leading offenders to seek coverage from insurers considered high-risk. In some instances, family courts may use a DUI conviction to question parental fitness, which may lead to loss of custody or visitation rights.

Do You Need a DUI Attorney in West Virginia?

Hiring a DUI attorney in West Virginia is critical to protect rights and minimize potential consequences. A lawyer's legal representation may help the defendant challenge the evidence, ensuring that procedures are duly followed, deadlines are met, rights are upheld, and also mitigating the penalty. A lawyer may also help to reduce potential errors that self-representation may cause, such as unknowingly admitting guilt, missing deadlines, and harsher penalties, as judges rarely offer deals to pro se defendants.