Driving under the influence of drugs in West Virginia is a serious offense. When a person is caught driving while impaired by drugs, they can face severe legal consequences. These charges are not limited to illegal drugs. Prescription medications, over-the-counter drugs, and even some legal substances can also result in a DUI drug charge if they impair a person’s ability to drive. The law is strict when it comes to DUI drug charges because driving while impaired poses a great risk to both the driver and everyone else on the road. Understanding the consequences and penalties of these charges can help individuals realize the gravity of the situation and avoid making dangerous choices that could have lasting effects. At, The Wagner Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
What Is Considered a DUI Drug Charge in West Virginia?
In West Virginia, a person can be charged with driving under the influence if they are found to be operating a vehicle while impaired by drugs. The law applies to any substance that affects a person’s ability to drive safely. This includes not only illegal drugs like marijuana, cocaine, or heroin but also prescription medications and even common over-the-counter drugs if they impair a person’s ability to function behind the wheel. Law enforcement officers may use field sobriety tests, blood tests, or urine tests to determine if a driver is under the influence of drugs. If these tests show the presence of drugs in the system, the driver can be charged with a DUI drug offense. Even if the driver was prescribed the medication, they can still be charged if it causes impairment.
Consequences of a DUI Drug Charge
The consequences of a DUI drug charge in West Virginia can be life-altering. A person charged with a DUI drug offense may face a combination of criminal penalties and administrative consequences, including the loss of driving privileges. One of the most immediate consequences is the potential for fines. Depending on whether it is a first offense or a repeat offense, the fines can range from several hundred to several thousand dollars. The court may also impose jail time, even for a first offense, especially if the driver caused an accident or if there were aggravating circumstances such as driving with a child in the car. For repeat offenders, jail sentences are typically longer, and the penalties increase significantly.
In addition to fines and possible jail time, a person charged with a DUI drug offense in West Virginia will likely face a suspension or revocation of their driver’s license. Losing the ability to drive can have a huge impact on a person’s life, affecting their ability to get to work, attend school, or manage daily responsibilities. For many individuals, the administrative penalties that come with a DUI drug charge can be just as difficult to deal with as the criminal consequences.
Defending West Virginia Residents for over 24 Years
Harley Wagner
Penalties for a First-Time DUI Drug Offense
The penalties for a first-time DUI drug offense in West Virginia can vary, but they are always significant. Even if it is the first time a person is charged with driving under the influence of drugs, they can face serious consequences. A first-time offender may be required to pay fines that range from $100 to $500, and they may face up to six months in jail, though jail time is not always mandatory for first offenses. Additionally, their driver’s license can be suspended for up to six months, which can make it difficult to maintain employment or fulfill other daily responsibilities.
A person convicted of a first-time DUI drug offense may also be required to participate in drug and alcohol education or treatment programs. These programs are designed to help individuals understand the dangers of driving under the influence and provide them with the tools to avoid making the same mistake in the future. While these programs can be helpful for some, they can also be time-consuming and expensive, adding to the overall burden of a DUI drug conviction.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.” - Antea Jarazi The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation." - Savanna Cummings Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you." - Clint Anderson
Penalties for Repeat DUI Drug Offenses
Repeat offenders in West Virginia face even harsher penalties. If a person is convicted of a second DUI drug offense, they can expect to pay fines ranging from $1,000 to $3,000. The jail sentence for a second offense can be anywhere from six months to one year, and the driver’s license will be revoked for a longer period of time. A second offense is treated much more seriously by the court, and the penalties reflect this. Additionally, a person convicted of a second DUI drug offense will likely be required to participate in a lengthy treatment program or even complete a rehabilitation program if deemed necessary by the court.
For a third DUI drug offense, the penalties are even more severe. A third offense is considered a felony in West Virginia, which means the person will face even higher fines, a longer jail sentence, and a permanent mark on their criminal record. A third conviction can lead to a prison sentence of one to three years, and the fines can reach up to $5,000. The driver’s license will also be revoked for a longer period, and the individual may be required to install an ignition interlock device in their vehicle once they are eligible to drive again.
Impact on Employment and Future Opportunities
A DUI drug conviction can have far-reaching consequences beyond the immediate legal penalties. One of the most significant impacts of a DUI drug conviction is on a person’s employment prospects. Many employers conduct background checks as part of the hiring process, and a criminal conviction can make it difficult to find a job. Even if the person is already employed, they may face challenges if their job requires them to have a valid driver’s license. A suspended or revoked license could result in job loss, especially for individuals who rely on driving as part of their work.
In addition to employment challenges, a DUI drug conviction can affect a person’s ability to obtain professional licenses, secure housing, or even qualify for certain educational opportunities. A criminal record can follow a person for years, making it difficult to move forward after a conviction. This is why it is so important for individuals charged with a DUI drug offense to take the situation seriously and seek the assistance of legal professionals who can help them navigate the complexities of the legal system.
What are the penalties for a DUI conviction? What happens if I'm arrested for a first DUI?Related Videos
Defending Against DUI Drug Charges
While a DUI drug charge is a serious matter, there are defenses that can be raised depending on the circumstances of the case. One possible defense is challenging the accuracy of the tests used to determine impairment. For example, a blood test or urine test may not always be accurate in showing whether a person was impaired at the time they were driving. Some medications can stay in a person’s system for days or even weeks after use, long after the effects have worn off. A lawyer can help examine the evidence in a DUI drug case to determine if the tests were conducted properly and if they accurately reflect the driver’s condition at the time of the arrest.
Another possible defense is questioning whether the traffic stop was legal in the first place. Law enforcement officers must have a valid reason to stop a vehicle, such as observing erratic driving or another traffic violation. If it can be shown that the officer did not have a valid reason for stopping the vehicle, the DUI drug charge may be challenged.
Case Results
Why Legal Representation Matters
Facing a DUI drug charge can be overwhelming, but having legal representation can make a significant difference in the outcome of the case. An experienced lawyer can provide guidance on the best course of action, whether it is negotiating a plea deal or fighting the charges in court. A lawyer can also help individuals understand the potential consequences of a conviction and what steps they can take to minimize the impact on their lives. Legal professionals understand the complexities of DUI drug cases and can provide the support needed to navigate the legal system effectively.
If you are facing DUI drug charges in West Virginia, you don’t have to navigate the legal process alone. The Wagner Law Firm is here to help. With extensive experience in defending clients against DUI charges, we understand the serious nature of these cases and will work tirelessly to protect your rights. Contact us today to discuss your case and learn how we can assist you in achieving the best possible outcome.