If you are hit by a drunk driver, you should know that numerous WV DUI laws delineate crimes and mandatory sentencing. Like it or not, being hit by a drunk driver triggers both the legal and the medical systems. Just as you are unlikely to perform your own surgery, it is important to find the right attorney to protect your legal interests. And, as a citizen, it is important to understand some of the factors that may be contributing to this unfortunate reality.

WV DUI Laws and Driving Under the Influence

If you are hit by someone you suspect was driving under the influence, the first thing you should do is move to a safe place away from the vehicles if you are able. Call the police and first responders. If you are physically capable and know what to do, administer first aid to other injured parties. After tending to your injuries, find an attorney to protect your legal interests.

What is Driving Under the Influence?

Driving under the influence is driving while impaired by alcohol or another substance. Driving with a blood alcohol content of .08 or higher is enough to show impairment, but a driver can also be impaired with a lower blood alcohol content. For drivers with a blood alcohol content of 0.15 or higher, the offense is sometimes called an “aggravated DUI,” which carries even higher penalties.

Unfortunately, the number of drugged drivers is increasing around the country. While driving under the influence more commonly refers to driving under the influence of alcohol, it can also mean driving under the influence of drugs.

Drugged driving can be more difficult to identify than drunk driving. In addition, it can be harder to get a conviction for drugged driving because of the following factors:

• The drug may be legal.
• There are hundreds of different types of drugs.
• Some people may be suffering from a drug interaction.

WV DUI Laws Provide Clear Parameters for Crimes and Sentencing

West Virginia Code Section 17C-5-2 defines the many different forms of driving under the influence and the mandatory sentences. Drivers who are convicted of causing death or serious bodily injury as the result of driving under the influence will be convicted of a felony and could be sentenced to incarceration and payment of a fine. Specifically, drivers convicted of causing death could be incarcerated for a minimum of three years and a maximum of 15 years. Drivers convicted of causing serious bodily injury could be incarcerated for a period between two and 10 years.

Drivers convicted of other DUI offenses are guilty of a misdemeanor. They may still be sentenced to jail or a fine.

Most West Virginia traffic laws related to driving under the influence are established by the state. According to West Virginia Code Section 17C-2-7, municipalities may make their own laws if they do not conflict with the state of WV DUI Laws.

Why is Drunk Driving a Problem in West Virginia?

WV DUI Laws are meant to protect the public because accidents caused by driving under the influence can cause serious injury and sometimes death. Motorists and pedestrians are more likely to be fatally injured in West Virginia than in the surrounding states, and one in four of those accidents is caused by driving under the influence. West Virginia’s high overall rate of traffic fatalities is blamed on several factors:

• Mountainous terrain;
• Rural roads;
• Speeding; and
• Poor weather conditions.

What Can You Do to Prevent Drunk Driving Fatalities?

Aside from the obvious measure of not drinking and driving, concerned citizens can fight for policies that may help make drunk driving less likely. WV drunk driving laws are the first legal protection for citizens.

While there is never any excuse to drink and drive, public transportation could provide another option for people who have had too much to drink. There is a bus line in Morgantown that connects the town and the West Virginia University campus.

Drunk driving has declined somewhat in the past several years. This may be because the state began to allow ride sharing services like Uber and Lyft to begin operating in West Virginia in 2016.

Appropriate mental health services may also help decrease the rate of driving under the influence. Specifically, people should have access to mental health services to alleviate their need to abuse alcohol or controlled substances in the first place.

The Right Attorney Has a Sophisticated Understanding of WV DUI Laws

If you or someone you love has been hit by a WV drunk driver, you need an attorney experienced in protecting the legal rights of people just like you.

It is important to feel a connection to your attorney, and your attorney should embody the following attributes:

• Competence;
• Experience;
• Compassion;
• Diligence; and
• Local Knowledge.

Attorney Kelly Reed exemplifies all of these traits and possesses a deep understanding of WV DUI Laws. Her broad, legal knowledge, local connections, and warm demeanor qualify her as an outstanding choice. If you believe you have been hit by a WV drunk driver, please contact the Law Offices of Kelly R. Reed. You can reach Kelly by completing the online contact form or by calling 304-292-2020 to schedule a free consultation.