What Is a Felony DUI in West Virginia?

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

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.

Protect Yourself. Talk to a Lawyer About Your Case

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

How it Works

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

Talk to a DUI Defense attorney

We've helped 115 clients find attorneys today.

How It Works

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