How long do I have to serve jail time if convicted of a DUI?

If convicted of a DUI in West Virginia, the length of jail time that you will serve will depend on a variety of factors. Generally speaking, a first-offense DUI conviction in West Virginia will result in a penalty of 48 hours to 6 months in jail. If you are convicted of a subsequent DUI offense, the jail time penalty will increase to a minimum 30 days in jail. In addition, if your DUI involved a very high blood alcohol content, or prior convictions for DUI or DWAI, you may be facing increased jail time of up to one year. It is important to note that the judge has the discretion to impose a sentence outside of the guidelines described above. This means that if aggravating circumstances exist, such as a prior criminal record or a high blood alcohol content, the judge may choose to impose a harsher sentence than is typically recommended. Finally, if the judge sentences you to probation in lieu of jail time, you may still be sentenced to up to a year in jail if you violate the terms of your probation.

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