West Virginia DUI Laws for a First Offense
DUI (Driving Under the Influence) is a crime in West Virginia, and anyone caught driving with a blood alcohol concentration (BAC) of .08 percent or above, is guilty of this crime. According to the Driving Laws website, for commercial drivers and for drivers under the age of 21, the BAC limit is even lower. Commercial drivers with a BAC of over .04 percent are committing an offense, and drivers under the age of 21 must not have a BAC of more than 0.2 percent. For drivers under the age of 21, the 0.2 percent limit is considered a zero tolerance limit, as it is possible to have low trace levels of alcohol in the blood from innocent sources, such as over the counter medicines.
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Drivers Under 21 Years of Age
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In the West Virginia legal code, Chapter 17C contains traffic regulations and rules of the road. Section 2 of Article 17C-5 (reference 1) states that any driver under the age of 21 who is caught driving with a BAC of between 0.02 and 0.08 percent is guilty of a misdemeanor if it is a first offense. Upon conviction, the penalty set out for a first offense is a simple fine of no less than $25 but no more than $100. There is provision in the law for first offenders in this category to complete the state's Motor Vehicle Alcohol Test and Lock Program, and upon successful completion, the charge is dropped and expunged from the offender's record.
DUI With Minors as Passengers
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Anyone who drives with a BAC of more than 0.08 percent is already guilty of a DUI offense, but if there are persons under the age of 16 in the vehicle, then this constitutes a further offense. If this is a first offense, the penalty laid down by 17C-5-2 (k) of the West Virginia legal code faces a penalty on conviction of a fine not less than $200 and not more than $1,000, plus a jail term of not less than two days and not more than one year. Any time spent in confinement following the arrest is offset against whatever jail time is awarded by the court.
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DUI Penalties for Drivers Over 21 Years of Age
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Anyone convicted of a DUI offense for the first time is subject to mandatory penalties in West Virginia. According to the DUI Process website, a first offense for drivers with a BAC of more than 0.08 percent but less than 0.15 percent leads to a fine of between $100 and $500 plus court costs. The offender's license is also revoked for a period of six months, although this can be reduced to a period of not less than 125 days if the offender successfully completes the Motor Vehicle Alcohol Test and Lock Program (reference 4). First offenders may also receive a jail sentence of up to six months.
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