This bill amends section 17C-5-2 of the Code of West Virginia to enhance the classification and penalties associated with DUI offenses, particularly focusing on instances where individuals flee from law enforcement while under the influence. It introduces new legal definitions for "impaired state," "bodily injury," and "serious bodily injury," and outlines the penalties for various DUI-related offenses, which include imprisonment, fines, and revocation of driving privileges. The legislation emphasizes that sentences for DUI violations are mandatory and cannot be suspended or probated, although alternative sentencing options like home detention may be available under certain conditions. Furthermore, individuals whose licenses are revoked must complete a safety and treatment program before they can have their driving privileges reinstated.

The bill also clarifies that "fleeing DUI" will be considered a predicate offense for subsequent DUI charges, specifically for second and third offenses, allowing for enhanced penalties. It requires the Division of Motor Vehicles to establish rules for implementing this provision. Additionally, it mandates that court clerks must promptly send orders of conviction or conditional probation to the Commissioner of the Division of Motor Vehicles. The amendments are set to take effect on July 1, 2020.

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