Duffield, Lovejoy & Boggs, Attorneys at Law - Huntington Personal Injury Attorney

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What are West Virginia’s drunk driving laws?

Drunk driving is a major problem in West Virginia. According to some sources, more than a quarter of all fatal accidents in the state involve alcohol, and even more result in serious injury. As such, West Virginia is cracking down on intoxicated drivers by imposing steep penalties on anyone caught in the act.

The first time you are pulled over and charged with a DUI, you will face a few different penalties. For a blood alcohol content of 0.08 to 0.15 percent, you could be hit with a fine between $100-$500, plus possible jail time up to six months. In addition, your license will be suspended and an ignition interlock system could be installed in your car. 

If you BAC is above 0.15 percent, the fine is increased to $200-$1000 and you will automatically face jail time between two days and six months. In order to get your license back in either scenario, you must complete a safety and treatment program on your own dime.

In addition, West Virginia has a Zero Tolerance policy for drivers under 21. In order to account for things like mouthwash or cough syrup, minors may have a BAC of no more than 0.02 percent. Anything above that but under 0.08 will lead to a license suspension and a fine between $25-$100. A BAC above 0.08 percent will lead to much more severe penalties.

For both minors and adults, subsequent DUI charges lead to much more severe penalties. If you have been the victim of a drunk driving accident, a personal injury attorney may be able to help you claim damages against the intoxicated driver.

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