First-Time DUI in WV?
First-offense DUIs in West Virginia are serious business. You are likely worried about your family, job (or job prospects), and potential jail time you may be facing. Read on to learn more from Morgantown, WV criminal defense attorney, Brianna W. McCardle, about first-offense DUI charges in West Virginia and how Ardent Legal can help.
What happens if you get a DUI in WV?
If you are charged with and convicted of a DUI in West Virginia, you are facing criminal penalties including jail time and fines, as well as administrative penalties through the DMV, such as the suspension (or revocation) of your license, placement of an interlock device (also known as a blow-and-go), and completion of safety courses.
What is considered a DUI in WV?
In West Virginia, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol. If you are operating a motor vehicle in the state of West Virginia with a blood alcohol concentration (BAC) of .08 or higher, you may be convicted of a DUI. You may also be convicted of a DUI if you are operating a motor vehicle while impaired by drugs.
What is considered a first-offense DUI in WV?
A DUI is considered a first-offense DUI in West Virginia if the driver has not had any prior DUI convictions within the last 10 years. So, a DUI conviction more than 10 years old does not count in considering first-offense DUIs in West Virginia.
What are the penalties for first-offense DUI charges in West Virginia?
An individual charged with a first-offense DUI may be looking at time in jail. If you have a first-offense DUI charge and have a BAC of less than .15 (a non-aggravated DUI), in the criminal system there is no minimum jail term, but there is a maximum jail term of 6 months and a fine of as much as $1,000. You are also facing either the temporary suspension of your license or having an interlock device placed in your vehicle by the DMV. However, because there is no minimum jail sentence for a non-aggravated first-offense DUI, the judge does not have to impose a jail sentence if convicted. If you are facing a first-offense DUI and your BAC is greater than .15 (an aggravated DUI), on the criminal system, you are looking at a minimum 48 hours in jail and up to a maximum of 6 months in jail and a fine of $200 to $1,000. You are also looking at the possibility of losing your license for a year or having an interlock device placed in your vehicle for almost a year by the DMV, and having to complete safety classes through the DMV. Aggravated DUIs are also those that involve those DUIs where injury or death occurs, where minors are present in the vehicle, DUI while having a revoked or suspended license, or speeding.
How likely is jail time in West Virginia for a first-offense DUI?
A person charged with a first-offense DUI in West Virginia is looking at the possibility of up to 6 months in jail. However, you may also be eligible to participate in the DUI Deferral Program for a first-offense DUI.
What is the DUI Deferral Program?
Participation in the DUI Deferral Program offers you a chance to have your DUI charge expunged (erased) from your record as if it never happened after a period of time and successful completion of the program.
For the deferral, the individual provides a conditional guilty plea to the Court (the Court holds the plea and does not enter it), and the person then has their license suspended for 15 days. The person must also have an interlock device installed in their vehicle for 165 days, and must complete DUI education classes. If the individual successfully completes these requirements, then the case will be dismissed. One year after the dismissal, you can petition the Court for an expungement of your DUI charge to have it permanently removed from your record.
What are the eligibility requirements of the DUI Deferral Program?
To be eligible to participate in the DUI Deferral Program, the following must apply:
Must be an individual’s first-offense DUI charge;
The individual must agree to submit to the secondary breath test at the police station following arrest; and
The secondary breath test at the police station must show a BAC of .149 or lower (must be non-aggravated).
If you have been charged with a first-offense DUI, you MUST contact the Court within 30 days to be eligible to participate.
Should I take the roadside breathalyzer test?
You are under no obligation to take a roadside breathalyzer (the handheld device used during pull-overs by police officers), and there is no penalty for refusing to take a roadside breathalyzer test. However, if you get to the police station and refuse to take the breathalyzer at the police station, you are facing the following penalties as options: 1) a 45-day suspension of your driver’s license followed by 12 months of having an interlock in your vehicle, 2) having a one-year suspension of your driver’s license if you decline to install the interlock device, or 3) electing to have an interlock device directly installed in your vehicle for over a year (13 1/2 months). Roadside breathalyzer results showing BAC are not admissible in court, but can be used to tell the jury whether you “failed” or “passed” the test.
Should I take the breathalyzer test at the police station?
If you have been arrested for a first-offense DUI in West Virginia, you should take the breathalyzer test at the police station, if you want to be eligible for the DUI Deferral Program. If you refuse to submit to secondary chemical testing (i.e., taking the breathalyzer at the police station), you WILL NOT be eligible to participate in the DUI Deferral Program, and will not be eligible to have your charge expunged at a later date. You will also likely face harsher penalties from the DMV (harsher license suspension) for refusing to submit to secondary chemical testing. For this reason, if you are facing your first-offense DUI, and want to participate in the DUI Deferral Program, it is likely of more benefit to submit to the breathalyzer at the police station than not.
Do I have to take the roadside sobriety test (field sobriety test)?
Just like the roadside breathalyzer, the roadside sobriety test (walking heel-to-toe on a straight line, balancing on one leg, eye test, etc.) is also strictly voluntary. You are under no obligation to participate in a roadside sobriety test and there is no penalty for refusing to do so.
Do I have to answer the police officer’s questions?
You do not have to answer the police officer’s questions, other than providing your full legal name and address. You may politely decline to answer any further questions the officer may have. The key word is politely. It is important to be cordial and respectful to the officers upon questioning; however, you are not required to answer any questions other than providing your name and address.
Can I still be arrested for DUI if I refuse the roadside breathalyzer and refuse the roadside sobriety test?
Yes, even if you refuse the roadside breathalyzer and roadside sobriety test, you can still be arrested for a DUI if you are showing signs of impairment while operating a vehicle.
What should I do if I have been charged with a first-offense DUI in West Virginia?
Contact an experienced DUI attorney as soon as possible. Our Morgantown, WV criminal defense attorney, Brianna W. McCardle, has successfully represented individuals charged with first-offense DUIs in West Virginia, including dismissal of charges following participation in the DUI Deferral Program.
Contact us for a free initial consultation
(304) 241-1055
Ardent Legal, PLLC - dedicated, passionate, and sincere representation when you need it most.
Sources:
WV DMV, Impaired Driving https://transportation.wv.gov/DMV/DMVFormSearch/Impaired%20Driving%20Brochure_WF.pdf
