West Virginia Injury Lawyer Blog

A recent report from WSAZ.com states that police believe alcohol played a role in causing a traffic accident that occurred in West Huntington this week, and an arrest may be forthcoming as a result. The wreck was allegedly caused by a driver who ran a red light and collided with two sport utility vehicles in the middle of the intersection of Adams Ave. and 14th St. West. Several people were injured in the accident, including an individual who was thrown from one car by the impact. Emergency personnel responded to help the victims, and while some of their injuries were serious, none were life threatening.

Driving is a dangerous enough activity even when there is no mind altering substances involved, and the news story above shows how hazardous the roads can be when people do drive under the influence. All of us at the Wolfe Law Firm hope for the speedy recovery of the victims from the crash, but their circumstances provide a stark reminder to all of us why it is important to be careful when on West Virginia's roads. Unfortunately, defensive driving is not always enough to prevent such accidents from occurring, and there will always be many people who are injured by drunk drivers each year. If you or a loved one has suffered because of the careless actions of a drunk driver, you should contact a West Virginia drunk driving victim attorney as soon as possible. The criminal justice system may provide some peace of mind, but it cannot fully compensate you for your injuries, and a lawyer can analyze your situation to help get you as fully compensated as the law allows.

If you're accused of driving drunk in the state of West Virginia (along I-79, Route 50, Route 33, etc.), you can face up to three years in jail and $5,000 in fines for repeat convictions. Even for first-time offenders, jail time, license suspension and fines are all inevitable. You will also be required to attend a safety and treatment program before you can get your license back.

What is Considered Drunk Driving?
You will be cited for DUI (driving under the influence) if you have a certain level of alcohol in your system at the time you are pulled over and tested. The BAC (blood alcohol concentration) limit is .08 statewide for drivers 21 and over. For commercial drivers and minors, the limits are even stricter: .04 for drivers operating commercial vehicles and .02 for drivers under the age of 21 (or zero tolerance). The DUI Law in West Virginia also prohibits drivers from operating vehicles while under the influence of controlled substances as well. These include narcotics, inhalants or other intoxicants.

Know Your Rights
The Implied Consent Law states that all West Virginia drivers have given their consent to a chemical test of their blood, urine or breath if a police officer suspects that they are under the influence of alcohol, drugs or both. Refusal to do so will automatically result in a one-year license suspension, if not longer.

A drunk driving attorney in West Virginia can help you fight a DUI case. Your weight and body fat percentage can drastically skew a sobriety test, causing you to be falsely accused of impairment. A lawyer can help defend you against false charges and can help you get your license reinstated.

In West Virginia, the penalties for drunk driving offenses are rigidly enforced throughout the state. With Labor Day weekend fast approaching, local authorities will be cracking down on drivers who are over the legal Blood Alcohol Level of (.08) for drivers over 21 and (.02) for drivers under the age of 21. If convicted, you can expect jail time, fines and license suspension.

For a first offense, those convicted of drunk driving can face:
- Up to 6 months in jail
- From 2 days to 6 months in jail for Blood Alcohol Level of .15 or above
- From 2 days to 12 months for drivers with Minors under 16 in vehicle
- Fine: From $100 to $500
- Fine: From $100 to $1,000 for Blood Alcohol Level of .15 or above
- Fine: From $200 to $1,000 for drivers with Minors under 16 in vehicle
- License Suspension: 15 days to 45 days (Blood Alcohol Level of .15 or above) or Ignition Interlock

Multiple drunk driving convictions hold steeper penalties, including increased jail time, higher fines and longer license suspension periods:

Second DUI Conviction:
- From 6 months to 12 months in jail
- Fine: from $1,000 to $3,000
- License Suspension: 1 year
- Mandatory Ignition Interlock

Third DUI Conviction:
- Felony offense
- From 1 year to 3 years in jail
- Fine: from $3,000 to $5,000
- License Suspension: 1 year
- Mandatory Ignition Interlock

If you've been convicted of a drunk driving offense in West Virginia, you must hire a professional attorney to fight for your rights. Weight, gender and body fat percentage can all play a key factor in determining your Blood Alcohol Level and can be integral in proving your innocence.

TylerStarNews.com reports that the Tyler County Sheriff's office participated in a state-funded drunk driving crackdown from February 1 to June 30 of this year. Results from the federally funded grant program of the State of West Virginia turned up hundreds of traffic stops and several arrests of drunk drivers in the Tyler County jurisdiction.

During the period of the program, Sheriff Bob Kendle of the Tyler County Sheriff's office said the purpose of the project was to add patrol to combat drunk driving. Sheriffs made a total of 522 traffic stops, three DUI arrests, 10 misdemeanor arrests, two felony arrests and two drug-related arrests. Deputies reported handing out 53 traffic violations and 344 warnings as well.

Tyler County, West Virginia has been experiencing a spike in drunk driving incidents and the Sheriff's office hopes this program will be a deterrent to people who drink and drive. All of the above listed statistics were in addition to traditional on-duty arrests and citations, so there was a very evident increase in the police presence in the area.

The long-term results of this study remain to seen, but drunk drivers throughout West Virginia can expect more and more police presence as grants like this one continue to be used by local law enforcement. If you've been arrested for DUI or falsely accused of DUI, it's important that you have a DUI lawyer on your side to defend your case. With increased enforcement of drunk driving laws in West Virginia, the penalties can be steep for DUI and related charges.