Drunk driving: Myth vs. fact

Several myths surround the enforcement of drunken driving. Here are a few:

Myth: When a police officer arrests someone for their fifth drunken driving offense, that person is charged with fifth-offense driving under the influence.

Fact: The maximum charge allowed by West Virginia statute is felony third-offense DUI. The crime carries a sentence of one to three years in prison and a fine ranging from $3,000 to $5,000. It also carries a lifetime revocation of the person's driver's license. This means no matter how many times a person is arrested, after their third arrest the same felony statute applies.

Myth: Third-offense DUI means the person has three drunken driving convictions during the life of his driving record.

Fact: The statute for third-offense DUI only covers convictions that occurred in the past 10 years. All older convictions fall outside of the statute's limitations.

Myth: A lifetime driver's license revocation means that a repeat offender cannot drive legally ever again.

Fact: Lifetime revocation orders by the state Division of Motor Vehicles expire in one year, as long as the repeat offender completes the mandatory alcohol education and assessment program and participates in the mandatory interlock program.

Myth: If state Division of Motor Vehicles convicts someone of third-offense DUI, then that person must also be convicted of third-offense DUI in a criminal court.

Fact: Criminal prosecutors must prove beyond a reasonable doubt that someone is guilty of third-offense DUI, while the state Division of Motor Vehicles only has to show there is a preponderance of evidence to revoke one's driving privileges.

Cabell County Prosecutor Chris Chiles said the difference means that sometimes he will be forced to dismiss a case or offer a plea bargain if he does not have enough evidence to meet his burden of proof. Some trouble spots could include the officer not having probable cause for the initial traffic stop and defense attorneys who can successfully question the machine used to test the person's blood-alcohol level.

SOURCE: The Cabell County Prosecutor's Office and the West Virginia Division of Motor Vehicles