In March 2008, the WV Legislature passed SB 535, providing substantial changes in our state's DUI laws.  Signed into law by Governor Joe Manchin, the bill took effect in the summer of 2008.  The new law provides for a new offense of "aggravated DUI" and mandatory interlock requirements for high BAC (blood alcohol content) level offenders.

The new offense of "aggravated DUI" is a BAC level of .15 and above.  For first offense aggravated DUI, the criminal sentence is 2 days to 6 months in jail with a fine of $200 to $1,000.  Along with the criminal penalties, the offender faces an administrative sentence of 45 days driver's license revocation and 9 months of driving with an installed interlock device.

For first offense DUI with a BAC level of .08 to .15, the criminal sentence is up to 6 months in jail.  The offender can choose an administrative option to regain his/her driving privileges.  The offender can opt for a 15-day license revocation and 4 months of driving with an installed interlock device, OR the offender can choose a 3 month driver license suspension without interlock.

The criminal and administrative penalties for second and subsequent DUI offenses were not changed in this new law.  Interlock program participation is mandatory for all repeat DUI offenders in order to regain their driver's license.