What is ‘legally drunk’ in West Virginia
In West Virginia, drivers under the age of 21 years are considered to be legally drunk when their blood alcohol level is more than .02, for non-commercial drivers above 21 years, when their blood alcohol level is more than .08 they are considered to be legally drunk. On the other hand, for commercial vehicle drivers, they are legally drunk when their blood alcohol level is more than .04. In West Virginia, school bus drivers are commercial drivers.
West Virginia Drunk Driving Penalties
For first time DUI offenders in West Virginia, they face the following penalties:
- A prison sentence of 1 day to 6 months
- A fine ranging from $100 to $500
- The offender’s driver’s license revocation period is 6 months
For second time offenders within 10 years of their first conviction, they face:
- A prison sentence of 6 months to 1 year
- A fine ranging from $1,000 to $3,000
- The offender’s driver’s license revocation period is 10 years
For third and subsequent DUI offenders within 10 years of the first offence, they face:
- A prison sentence of 1 to 3 years
- A fine ranging from $3,000 to $5,000
- The offender’s driver’s license will be revoked for life.
For commercial drivers convicted of a DUI offense, they face disqualification from operating a commercial vehicle for a period of one year. However, if at the time of the offence the driver was transporting hazardous material, the disqualification period is three years. A commercial driver risks disqualification from driving a commercial vehicle for life if he/she is convicted of a DUI offense twice.
For driver under the age of 21 year, first time offender face the following penalties:
- A fine ranging from $25 to $100
- The suspension period for the offender’s driver’s license is 2 months
For second time offenders, they face:
- A prison sentence of 1 day
- A fine ranging from $100 to $500
- The offender’s driver’s license will be suspended until he/she reaches 21 years
The Point System in West Virginia
The West Virginia Division of Motor Vehicle uses the point system to promote highway safety, monitor and correct the driving habits of motorists. Points are assessed for all driving and traffic violations committed in any state using the WV Points Schedule. Drivers convicted of multiple offenses arising out of the same incident will be assessed only the points appropriate to the most serious offense. 18-19 points accumulated results in 90 day suspension.