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Second Offense DUI, Driving While Revoked in WV

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mrbowling

Junior Member
I live in West Virginia. I got a DUI not to long ago and my license was suspended about 2 weeks ago as a result. I was dropping a friend off because they were clearly too drunk to drive, I then left the and drove home two minutes away. I had a tail light out and was being followed by an officer. As I pulled into my driveway he hit his lights and initiated the traffic stop. He asked for my license and registration etc.. To make a long story short I blow a .072 (i had some beers with dinner) and he charged me with driving while revoked. I was under the legal limit of .08 and he told me he wouldn't charge me with a dui if I was under .08 but he still charged me with DUI Second Offense. Any input on this case? Also the Driving while revoked has mandatory jail time does anyone know anything about alternative sentencing in WV? and can I get a driving permit with some type of interlock device?
 


FlyingRon

Senior Member
You do not need to get above .08 to be convicted of DUI in WV.
A second offense DUI is jail time as well as your driving while suspended.
You really need a lawyer this time.

Your license is gone for a year, and then you can get an interlock after the other hoops.
 

mrbowling

Junior Member
i do plan on getting a lawyer, any suggestions as to who?

As far as the .08 goes here in WV, could they charge me with a DUI even if I was as low as .02? Just wondering the law here.
 

FlyingRon

Senior Member
Because .08 isn't the only thing that shows you are intoxicated. The .08 is a slam dunk if you blow it. However, other evidence can be used to show you were under the influence (notably your driving as observed by the officer and the field sobriety tests administered). Now at .02 you could probably argue that there was some error in his evaluation, but you'd have a harder time at just under .08.
 

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