In the state of West Virginia, you can be arrested and convicted for DUI in one of two theories. First, it is illegal to drive with a blood alcohol content (BAC) of .08% or higher, regardless of your manner of driving. Consequently, having a BAC beyond or above the legal limit can result to a DUI conviction. Also, failure of a sobriety test can lead to a possible DUI conviction as the result can prove that you are indeed driving under the influence of alcohol or a controlled substance.
DUI Arrests in West Virginia
Upon arrest, the arresting officer may ask you to submit to a BAC test to determine the presence and amount of alcohol in your system. You can refuse to take this test however, you have to bear in mind that your refusal may be used against you in both criminal and administrative hearing. Moreover, if you refuse to undergo a BAC test, you will automatically lose your license, regardless of the outcome of the legal proceedings.
West Virginia DUI law is similar to many other states, in that a DUI arrest can spark two separate cases. First is a criminal court case where DUI charges are defined including jail, fines, alcohol educational programs, and more. Second is an administrative hearing that decides on having your licenses suspended. You need to make this request with the Division of Motor Vehicle promptly as you are only given a specific number of days after your arrest. Otherwise, the authorities can confiscate your license by default. Apparently, you may need to seek legal assistance from an experienced DUI lawyer.
Basic Consequences for First Time Offenders
If this is your first West Virginia DUI conviction, you may have to face the following charges:
Subsequent DUI offenders who commit the same violation within the grace period of 10 years following the latest DUI conviction can expect to face tougher DUI charges given by the criminal courts. Since the state has a 10-year look-back period, this could mean subsequent offenses 10 years after the latest conviction will be treated as a first time offense.
License Suspensions for West Virginia DUI
Apart from facing criminal courts charges, your DUI conviction in West Virginia also triggers license suspension in the following manner:
While these suspension times seem to be lenient, refusing to undergo a BAC test bring automatic license suspension for at least one year. Nevertheless, you can possibly lower your suspension to a minimum duration by agreeing to install an ignition interlock device on your vehicle.
Insurance Consequences
Not only that a DUI conviction in West Virginia will cause you jail time, fines, rehabilitation programs, among others, it also triggers your auto insurance coverage. If your insurance company finds out about your conviction, you can definitely expect to face more troubles with your insurance on top of all other DUI charges. Your insurance carrier may either drop your coverage or have your insurance rates increased greatly as you are now considered to be a high risk driver. Shifting from one company to another will bring no change on your insurance problem as a result of your DUI conviction.