This bill seeks to amend section 17C-5-2 of the Code of West Virginia to enhance the classification and penalties associated with driving under the influence (DUI) offenses. A key focus of the bill is to recognize fleeing from law enforcement while under the influence as a DUI offense, thereby addressing a gap in the current law. The bill introduces new legal definitions for terms such as "impaired state," "bodily injury," and "serious bodily injury," and establishes strict penalties for individuals who drive while impaired and cause death or serious bodily injury. These penalties include imprisonment, fines, and revocation of driving privileges, particularly for repeat offenders, and emphasize mandatory sentencing without the possibility of suspension or probation for certain offenses.

Additionally, the bill clarifies that "Fleeing DUI" is a predicate offense for subsequent DUI charges, specifically for second and third offenses, and grants the Division of Motor Vehicles the authority to create rules for effective implementation. It mandates that court clerks must promptly transmit orders of conviction or conditional probation to the Commissioner of the Division of Motor Vehicles. The bill also requires individuals with revoked licenses to complete a comprehensive safety and treatment program before reinstatement. Overall, these amendments aim to strengthen the legal framework surrounding DUI offenses and improve public safety on the roads.

Statutes affected:
Introduced Version: 17C-5-2