In West Virginia, all drivers must comply with state laws regarding alcohol consumption and operating motor vehicles. These laws are in place to reduce the probability of a fatal accident. In the state of West Virginia, any drivers over the age of twenty-one with a blood-alcohol content reading of 0.08 percent is guilty of a DUI. An attorney represents anyone Arrested for DUI in Charleston today.
What Is Implied Consent?
Implied consent indicates that the driver gives their consent to chemical testing by choosing to drive while drunk. However, implied consent doesn’t overrule the driver’s Miranda Rights. While law enforcement can claim a refusal to submit, the driver has every right to seek legal counsel before testing. A failure to comply with these civil rights could lead to a dismissal of the charges.
Penalties for Underage Drivers
In West Virginia, the state imposes a zero tolerance law for any drivers under the age of twenty-one. For this reason, underage drivers are convicted of DUI with a blood-alcohol content reading of 0.02 percent. The penalties for a first offense equate to a driver’s license suspension at the judge’s discretion. The standard is a sixty suspension without an ignition interlocking device. If the driver installs the device, the suspension may be reduced to thirty days. The driver must pay reinstatement fees for their driver’s license. They also reduce a fine with a maximum of $100.
Criminal Penalty for Aggravated DUI
An aggravated DUI is identified with a blood-alcohol content reading of 0.15 percent. The driver receives a jail sentence of no more than six months and a fine ranging between $100 and $500. The first offense requires a driver’s license suspension for at least forty-five days. The criminal penalty ranges up to $1,000.
In West Virginia, all drivers must follow all drunk driving laws to reduce the potential of a fatal accident. These laws indicate the blood-alcohol content reading according to driver’s age. The penalties for these infractions are based on previous convictions and this reading. Drivers who are arrested DUI in Charleston should visit for more information today.