What Is a Felony DUI in West Virginia?

Aggravating factors that can make a drunk driving charge a felony.

By , Attorney
Facing a DUI? We've helped 115 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

You can be charged with a DUI (driving under the influence) in West Virginia for operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (impaired by) drugs or alcohol. Most DUI convictions are misdemeanors. However, in certain circumstances, a DUI can be a felony.

Here are some of the circumstances that can result in felony DUI charges in West Virginia.

Third or Subsequent DUI Conviction Is a Felony

Typically, a first or second DUI conviction is a misdemeanor in West Virginia. But when a driver has two or more prior convictions that occurred within the past ten years, the next DUI (third or subsequent) will be a felony.

A third DUI conviction carries two to five years in prison and $3,000 to $5,000 in fines.

Felony Charges for DUIs Involving Injuries and Deaths

When a DUI involves serious bodily injury to another person, it is a felony and carries two to ten years in prison and $1,000 to $3,000 in fines.

Causes the death of another person is also a felony. Convicted motorists are looking at three to 15 years in prison and $1,000 to $3,000 in fines.

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you