West Virginia has been increasing the scope of alcohol related driving offenses as well as the severity of the punishments that can be satutorily imposed. This link is the West Virgina Division of Motor Vehicles small update on the current state of West Virginia's DUI laws. All West Virginia criminal laws, including those related to DUI are subject to change and do so frequently. This is why it is important to retain the assitance of a DUI Lawyer when accused of DUI. The most notable change I have observed in West Virginia DUI Laws deals with Felony DUI, Third or Subsequent Offense. Almost everyone knows that if you are convicted of Driving Under the Influence of Drugs or Alcohol for a third time within a ten year timeframe your convcition is a felony, and you face the possibility of 1 to 3 years of confinement in the penitentiary. What most people don't know is this penalty has substantially increased and a conviction for a third or subsequent offense has become more punitive. At the present time, the penalty for a DUI third conviction is not less than 2 nor more than 5 years incarceration, and the possibility of a fine between $3000 and $5000. Please see W.Va. Code 17C-5-2(m) for specifics.
