Third Offense DUI in West Virginia

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Gavel and Scales

Like most states, West Virginia has little tolerance for third offender DUIs. Fines are higher (up to $5,000)  and minimum jail time increases (one year). West Virginia classifies a third offense as a felony. 

Administrative Penalties

If you get arrested for a third DUI in West Virginia your license will either be suspended or revoked (with a revocation being more likely). You can challenge this action with an administrative hearing but you must do so within 30 days of the incident.  

Criminal Penalties

A third-time DUI offender faces a minium of one-year and a maximum of three years jail time. Fines range from not less than $3,000 to not more than $5,000.

The Lookback Period

In West Virginia, the lookback period -- the time period during which previous incidents count as "priors" -- is currently 10 years.

Plea Options

West Virginia does not prohibit plea bargaining to get reduced penalties. A lawyer's expertise may assist in the plea bargain phase.

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