Second Offense DUI in West Virginia

A second DUI in West Virginia is considered a misdemeanor. The look-back period in this state is 10 years, which means that your second DUI within 10 years incurs harsher punishments than the first. Note that even if your prior DUI is from another state, West Virginia will consider it a second offense and punish accordingly. You will need the help of a lawyer to fight this charge and get the least severe penalties possible.

Criminal Penalties

The minimum jail time that you can expect is 6 months, with the maximum being 1 year. The fines range from $1000 to $3000, plus any applicable court costs. The penalties are based on the circumstances surrounding the DUI, in addition to your prior criminal record. The expertise of your lawyer also influences the judge when it comes to the consequences for a second DUI in West Virginia.  

Administrative Penalties

You can expect your driver's license to be suspended for 1 year, with no chance of getting a restricted license to drive to work or school. Once it is reinstated, you will have to pay to have an ignition interlock device installed in your vehicle for 2 years, which usually costs about $1000. If you refuse to take this step, your license will be suspended for up to 10 years.

The Department of Transportation in this state now has an agency that deals with reinstatement of licenses after a DUI. You will need to have a hearing in front of this agency, which your lawyer will help you prepare for. Aside from proof of the ignition interlock device, you will be required to show proof of SR22 car insurance coverage, which is a special policy for those with a DUI.

Additionally, you will be required to complete a treatment program that centers on safe driving and avoidance of alcohol abuse. This usually costs money, too, so be sure to budget for this expense before attempting to get your license back.

Get a Lawyer

This state allows drunk driving charges to be plea bargained to offenses that do not involve alcohol, and thus have fewer penalties. A dry reckless charge is one example of an offense that a second DUI in West Virginia may be reduced to. It tends to carry reduced consequences, such as probation and fines, since the charge describes reckless driving without the consumption of alcohol. You could also plead not guilty and fight the charge, depending on your evidence. Call a lawyer immediately to find out your specific options.