Drunk Driving Convictions, Consequences And Your Rights


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.