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Law Offices of Richardson, Richardson & Campbell
Parkersburg, WV DUI Lawyers If you have been charged with a DUI in West Virginia (Driving Under the Influence), there are two things that you need to consider: Take your drunk driving charge very seriously. Hire an experienced West Virginia DUI Lawyer or DUI Attorney who is experienced in West Virginia DUI law. Our legal staff will offer an initial review of your drunk driving charge. Your telephone inquiry is both free and confidential. What Happens To First Time Offenders in West Virginia?
West Virginia First Offender You can be charged with a DUI in West Virginia if your blood alcohol content (BAC) is .08% or higher. However, a BAC between 0.05% and 0.08% is considered relevant evidence that you were driving with your ability impaired. Therefore, you may still lose your license if your BAC is under the official legal limit of .08% First Offender Penalties: Jail 1 day to 6 months if under 0.15% BAC. Fines $100 to $500 if under 0.15% BAC. License Suspension You will also face a seperate proceeding which may result in the total suspension of your driving privileges for a significant period of time. Community Service Depending on the nature of the offense, may serve as alternative to imprisonment. Under 21 If you are under the age of 21 and your BAC is more than 0.02% but less than 0.08%, you will lose your driver’s license for 60 days. Under 18 If you are under the age of 18, a DUI offense will result in revocation of your driver’s license until you reach the age of 18 or the applicable statutory period of revocation/suspension, whichever is longest. Education / Treatment Anytime your license is revoked for DUI, you must successfully complete a prescribed Safety and Treatment program before you will be eligible to reinstate your driving privileges. You will pay any program fees. Test Refusal If you refuse a breath, blood, or urine test, your license will be suspended for a period of one year. People who refuse to submit to a chemical test must successfully complete an alcohol education or treatment program before their driver’s licenses can be reinstated. Alcohol Interlock The license suspension penalty can be reduced if you agree to participate in an ignition interlock program. To be eligible, offenders who elect to participate must be enrolled in or have completed a safety and treatment program. There are fees associated with the ignition interlock program. Treatment Assessment determines the depth of treatment required of first offenders. Phase I consists of three hours a week for six weeks. Phase II (for more serious offenders, normally if your BAC was above .15) consists of even more requirements. Cost varies and you must pay. Insurance Your insurance rates will probably climb considerably, and your insurance carrier may drop you. The rates for family members and sometimes your employer can increase as well. More Serious Charges You may be charged with felony DUI (possibly leading to much greater penalties) if you are involved in a crash involving serious injury or death. Penalties, Fees and Suspensions escalate for subsequent convictions of DUI in the state of West Virginia. |
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