Getting a driving-under-the-influence (DUI) charge is a serious matter. The legal system often provides a path toward rehabilitation for a first offense. However, if a second DUI occurs within a 10-year look-back period, the state shifts its focus from education to strict correction. It’s important to understand these changes if you’re going through the West Virginia court system.
Is jail time mandatory the second time?
For a first-offense DUI, drivers often avoid jail time through deferral programs or probation. After completing the court’s requirements, you may never see the inside of a cell.
Everything changes with a second offense. A conviction carries a mandatory sentence of six months to one year. While the law describes this as mandatory, it does not always require physical jail. Depending on the county and the circumstances, an attorney may negotiate for electronic monitoring. This option lets you serve your sentence outside of jail. You can also continue working while you complete it.
How much will the fines increase?
The financial burden of a DUI grows significantly for repeat offenders. The state increases baseline fines to discourage future violations:
- First DUI: For a standard DUI (BAC .08% to .15%), fines range from $100 to $500. If the BAC is above .15%, the fine increases to $200 to $1,000.
- Second DUI: Fines jump to a range of $1,000 to $3,000 regardless of the BAC level.
These only cover the fines and do not include legal fees and rising insurance premiums. Most drivers find that the total cost of a second DUI is triple that of their first.
Will I lose my license for longer?
West Virginia treats repeat offenders much more strictly. A first offense usually results in a 90-day suspension. A second DUI conviction, however, leads to a 10-year revocation of your driving privileges.
To drive again, you must serve a “hard” revocation period of one year, during which you cannot drive. After that, you may apply for the Test and Lock program for at least two years. After that, you may have your full license.
What are the next steps?
Facing a second DUI alone can lead to significant penalties. An experienced attorney may help you identify evidentiary errors or negotiate alternative sentencing. They may also help you protect your rights throughout the DMV and court processes.