Sometimes Connecticut residents travel to other states, like West Virginia, for business or pleasure and have the unfortunate luck to be charged with a DUI. If this happens to you, you should first find a qualified DUI lawyer in West Virginia, but you should also be aware of how Connecticut’s DMV will treat you upon your return.
West Virginia DUI Penalties
If you have been convicted of a DUI in West Virginia, you would be convicted of violating §17C-5-2 of the West Virginia statutes.
In West Virginia, the penalties for DUI can range depending on the number of prior DUI offenses you have.
First offense (BAC .08-.149): If convicted of a DUI in this category, you can face up to six months of jail time and a $100-$500 fine. For this conviction, jail time is not mandatory. Your license can also be suspended for up to 90 days, and in order to have your license reinstated, you will have to complete DUI classes and pay a reinstatement fee. If you install an ignition interlock device on your vehicle for 120 days, your license suspension can be reduced to 15 days. If you refuse a secondary chemical test at the police station, your license will be suspended for an additional year, or 45 days with mandatory installation of an ignition interlock device on your vehicle for one year following the license suspension.
Aggravated first offense (BAC .15 or higher): This conviction carries a mandatory jail sentence of at least 48 hours, although this sentence shall not exceed six months. In addition, a fine of $200-$1,000 must be paid and your license can be suspended for up to 45 days. If your license is suspended, installment of an ignition interlock device on your vehicle for 270 days is mandatory.
Second offense: This conviction carries a jail sentence of no less than six months and no more than one year, a fine of $1,000-$3,000, and a license suspension for one year. Upon license reinstatement, you must install an ignition interlock device on your vehicle for two years. If you refuse a secondary chemical test, the license suspension will be increased to ten years, or one year followed by the installation of an ignition interlock device on your vehicle for two years.
Third/subsequent offense: This conviction is a felony, and will result in a prison sentence of one to three years, a fine of $3,000-$5,000, a license suspension for one year, and mandatory installation of an ignition interlock device on your vehicle for three years following the license suspension.
If you are a Connecticut resident who has been charged with or convicted of DUI in West Virginia, you should be aware that there are repercussions on your Connecticut license in your home state in addition to any license impact in West Virginia as set forth above.
If you are looking for a West Virginia DUI lawyer, Attorney Ruane recommends Attorney Harley Wagner. Contact our firm today to learn more.