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West Virginia DWI Laws

In West Virginia, it a serious offense to drive while drunk as the driver is not only putting his life at risk but also endangers the life of people around him. Even if the accident is not serious, you or your loved one may still have personal injuries. In past years, it has been recorded that 40% of fatal accidents involved alcohol drinking. Alcohol affects the senses of a person.

Apart from the long periods of jailing and convicted of a DUI, you can also carry the penalty of losing your driving privileges.


Implied Consent Law and Chemical Test

The Implied Consent Law helps further protect drivers from the hazards of DUI. If you refuse to give your chemical test then your license will be suspended for one year.


Zero tolerance law and its penalties

This law means that if you are less than 21 and using alcohol while driving, as a result your driving license will be suspended until you turn 21. This can be a danger call for many teenagers out there!

• Zero Tolerance (younger than age 21 with any measurable amount of alcohol): You face fines from $25 to $100, and license revocation for 60 days.

• Zero Tolerance Second Offense (younger than age 21 with any measurable amount of alcohol): You face 24 hours in jail, fines from $100 to $500, and license revocation until your 21st birthday, and mandatory participation in the Interlock Program.


Penalties for DUI

1) First offense (implied consent):- You can be jailed from 24 hours to 6 months, a fine from $100 to $500 can be taken and your license can be suspended for one year.

2) First offense (DUI):- You face jail time from 24 hours to six months, fines from $100 to $500, and license revocation for six months.

3) Second offense (DUI) :- You face jail time from six months to one year, fines from $1,000 to $3,000, and license revocation for 10 years.

4) Third offense (DUI):- You face jail time from one to three years, fines from $3,000 to $5,000, and license revocation for life (or one year followed by mandatory Interlock Program participation).


Note that in West Virginia, you must successfully complete a safety and treatment program at your own expenditure before you can have your driving privileges reinstated.


Tips to Avoid DUI Consequences

1) If you decide to drink while going out, keep a designated driver with you.

2) Keep several numbers of taxi services with you.

3) Know your limits.

4) It is for the teens that if they drink during a party, they should not drive home by

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