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.
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.
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.