What Qualifies as a Felony DUI in West Virginia?

Driving under the influence (DUI) is a serious crime in West Virginia, and it can lead to severe legal consequences. While many DUI cases are treated as misdemeanors, some circumstances cause a DUI to be charged as a felony. In this guide, we’ll break down what a felony DUI is, how it differs from a misdemeanor DUI, and the situations that can turn a DUI into a felony charge in West Virginia. Understanding these details is important for anyone who wants to stay informed about the law and the potential consequences of a DUI conviction. At, The Wagner Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.

DUI Basics in West Virginia

To understand what qualifies as a felony DUI in West Virginia, it’s first important to grasp the basics of what a DUI means in this state. In West Virginia, a person can be charged with DUI if they are found driving a vehicle while impaired by alcohol, drugs, or a combination of both. The legal limit for blood alcohol concentration (BAC) is 0.08 percent for drivers over the age of 21. For drivers under 21, the limit is lower at 0.02 percent, reflecting a zero-tolerance policy for underage drinking. Commercial drivers are held to a higher standard with a BAC limit of 0.04 percent.

If someone is caught driving with a BAC higher than these limits or is found to be impaired by drugs, they can face a DUI charge. For most first-time offenders, DUI charges are treated as misdemeanors, which carry penalties like fines, jail time, and a suspension of driving privileges. However, certain aggravating factors can elevate the charge to a felony.

What Is a Felony DUI?

A felony DUI is a more serious offense than a misdemeanor DUI, and it carries harsher penalties. While a misdemeanor DUI usually results in smaller fines and shorter jail time, a felony DUI can lead to years in prison, heavy fines, and a permanent criminal record. In West Virginia, several specific factors can cause a DUI to be classified as a felony. These factors often involve the level of risk or harm that the impaired driver causes to others.

Unlike a misdemeanor, a felony DUI reflects a higher level of danger or repeated behavior that poses a risk to public safety. Once a person is convicted of a felony DUI, they can face long-term consequences that impact their job, personal life, and reputation. So, what exactly makes a DUI charge rise to the level of a felony in West Virginia?

Harley Wagner

Defending West Virginia Residents for over 24 Years

Three or More DUI Convictions

One of the most common reasons for a DUI to become a felony in West Virginia is when a person has been convicted of multiple DUI offenses. Under West Virginia law, a person’s third or subsequent DUI conviction is automatically classified as a felony. The law is designed to punish repeat offenders more severely, as it assumes that multiple DUIs show a disregard for public safety.

For instance, a first-time DUI offense is typically a misdemeanor and may result in penalties like a fine or a short jail sentence. A second DUI offense is still considered a misdemeanor but comes with harsher penalties, including longer jail time and larger fines. However, once a person has been convicted of DUI for the third time, the charge is elevated to a felony. This means that even if the person was not involved in a serious accident or did not cause injury, the repeated offenses alone can result in a felony charge.

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

Causing Serious Injury or Death

Another major factor that can lead to a felony DUI in West Virginia is if the impaired driver causes serious injury or death to another person. When someone chooses to drive while intoxicated, they are not only putting themselves at risk, but also everyone else on the road. If a DUI accident results in the death of another person, the driver may be charged with DUI causing death, which is a felony.

Similarly, if the impaired driver causes serious bodily injury to another person, they may face a felony charge of DUI causing injury. This applies even if it’s the driver’s first DUI offense. The law takes these cases extremely seriously because of the irreversible harm that can be caused. In West Virginia, DUI causing death can result in a prison sentence of three to fifteen years, while DUI causing serious bodily injury can lead to a sentence of up to ten years in prison. These penalties reflect the grave nature of the harm caused by impaired driving.

Driving with a Suspended or Revoked License Due to a Previous DUI

In some cases, a person’s driver’s license may be suspended or revoked due to a previous DUI conviction. If someone is caught driving under the influence while their license is already suspended or revoked because of a prior DUI, the new DUI charge will likely be classified as a felony. This is because the person has already shown a disregard for the law by driving while intoxicated before, and they are now driving illegally with a revoked or suspended license.

In West Virginia, driving with a suspended license alone is a serious offense, but when combined with a DUI, it can result in even more severe consequences. A felony charge for DUI with a suspended or revoked license can lead to long prison sentences, significant fines, and a further loss of driving privileges.

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DUI with a Child in the Vehicle

Driving under the influence with a child in the vehicle is another circumstance that can elevate a DUI charge to a felony in West Virginia. The law recognizes that children are especially vulnerable passengers and that driving while impaired with a child in the car puts them in extreme danger. Because of this, if a person is caught driving under the influence with a minor in the vehicle, they may face felony charges.

This applies even if the driver does not cause an accident or injury. The mere act of driving while impaired with a child as a passenger is considered reckless enough to warrant felony charges. Penalties for this offense can include prison time, large fines, and additional charges related to child endangerment.

The Consequences of a Felony DUI

The penalties for a felony DUI in West Virginia are significantly more severe than those for a misdemeanor. If convicted of a felony DUI, a person may face prison time, which could range from one year to several years, depending on the specifics of the case. Fines can also be much higher for felony DUI convictions, often reaching thousands of dollars. In addition to these penalties, a felony DUI conviction can lead to the suspension or revocation of a person’s driver’s license for a long period of time, possibly even permanently.

Beyond the legal penalties, there are also long-term consequences that come with a felony DUI conviction. A felony on one’s criminal record can make it difficult to find employment, housing, or even qualify for certain loans. The stigma associated with a felony conviction can follow a person for the rest of their life, affecting their personal and professional relationships. That’s why it’s so important to take DUI charges seriously and seek legal help if you find yourself facing a DUI charge in West Virginia.

What to Do if You’re Facing a Felony DUI Charge

If you or someone you know is facing a felony DUI charge in West Virginia, it’s critical to take immediate action. A felony DUI is a serious charge that can lead to life-changing consequences, so it’s important to seek legal representation right away. The law surrounding DUI charges can be complex, especially when felony charges are involved. Having an experienced legal team by your side can make a significant difference in how your case is handled and what the outcome may be.

At The Wagner Law Firm, we understand the gravity of DUI charges and are committed to helping our clients navigate the legal process. Our team is experienced in DUI defense and is dedicated to fighting for the best possible outcome in your case. If you’re facing a felony DUI in West Virginia, contact The Wagner Law Firm today for a consultation. We’ll provide the guidance and support you need during this challenging time.

Call us now to discuss your case and learn how we can help you protect your rights.