Legal Question in DUI Law in West Virginia

2nd Offense DUI and Open Container in WV

My mother in law received her 2nd offense DUI (in about 2 yrs) and she was also charged with an open container. She has no income and is in the process of getting a court appointed attorney. What will be the most likely or common outcome for her? She has lost her license for one year. Will she do jail time?


Asked on 1/29/09, 3:46 pm

1 Answer from Attorneys
James Bullard James A. Bullard, Jr., P.C.

Re: 2nd Offense DUI and Open Container in WV

On a second defense DUI within 5 years there is a mandatory fine of $500 and a mandatory 20 days in jail that she will have to do. If she had a blood alcohol level over 1.4 then she could face additional jail time.

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Answered on 1/29/09, 4:54 pm


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