West Virginia DUI Law Would Increase Penalties

Bill would create category of aggravated DUI in West Virginia for high blood alcohol levels.

The Judiciary Committee of the West Virginia State Senate advanced a bill that would establish an ‘aggravated DUI’ classification for motorist with an elevated blood alcohol content. The legislation would increase the penalties for those arrested for a DUI in West Virginia with a BAC of 0.15% or higher.

Aggravated DUI offenders would be required to install an ignition interlock device, forcing them to submit a breath sample before starting the vehicle. It would also require blood samples from drivers involved in deadly accidents.

To save money, the bill would drop the mandatory 24-hour jail time for those with a blood alcohol content between 0.08 and 0.15%, though offenders could still be sentenced up to six months in jail.

The proposed legislation initially had a provision to require ignition interlock devices for all West Virginia DUI offenders, though it wasn’t deemed feasible because of the average number of motorists charged with drinking and driving each year.

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