In West Virginia the DUI laws are based on the legally acceptable level of alcohol in a driver’s blood. For West Virginia the acceptable level for a driver under the age of twenty-one is 0.2%. However, West Virginia, like most of the country has laws that disallow the consumption of alcohol to anyone under the age of twenty-one. Therefore, drinking and driving has severe penalties for those under age. For drivers over the ages of twenty-one, the legal limit is currently 0.8% blood alcohol levels and for commercial vehicles drivers the limit is 0.4%.
If you vehicle is stopped by police on the suspicion that you might be driving under the influence-DUI-that ‘influence’ could be any substance that could cause you to become intoxicated or reduce your ability to stay in control of the vehicle. Any substance that inhibits the ability to drive could be any form of non-prescription of illegal drugs, inhalants, or other controlled substances as well as alcohol. On being stopped by the police the chances are you will be approached to take a field sobriety test that involves touching your nose with your eyes closed, walking a straight line by putting one foot immediately in front of the other as though on a tightrope and other tests that the officer may administrate. If the officer suspects that you have marginally failed the field sobriety test he or she will also ask you to submit a breathalyzer test. You are required to take this test and if you refuse your license could be revoked for up to one year-for a first offense.
Offense Levels and Punishments
Many drivers are allowed to plea a lesser offense, but they should take counsel from a DUI attorney in Charles Town, WV before they enter their plea. Some drivers have been stopped regardless of the alcohol level in their blood because they merely displayed the characteristics of a driver driving under the influence. This could include erratic driving, unsafe driving or causing an accident through negligence.
When you are arrested for DUI in West Virginia you will have your license automatically confiscated and you will be issued a notice of revocation or suspension. You can, of course challenge the decision by requesting a hearing and you have a thirty day window to make the choice.
