West Virginia DUI Laws DUI with a BAC of 0.08%-0.149%. This is the basic first offense DUI charge in West Virginia. If convicted, there is a possibility of up - DUI and DWI are basically interchangeable slang terms for the same basic offense: operating an Virginia Law · Code of Virginia · § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction.
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§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. A charge alleging a violation of this section shall support a conviction under for DUI. If you unreasonably refuse a breath or blood test, Virginia law requires the court to suspend your driver's license for one year. A second breath.