521.99 PENALTY.

   (EDITOR’S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)

   (a)   Whoever violates Section 521.05(a), 521.08(a), 521.10(a) or 521.12(a) shall be fined not more than fifty dollars ($50.00), or imprisoned for not more than seventy-two hours, or both, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for not more than one year.

   (b)   Whoever violates Section 521.05(b), 521.08(b), 521.10(b) or 521.12(b) shall be fined not more than one hundred dollars ($100.00), or imprisoned for not more than ten days, or both. (WVaC 11-16-19, 60-3-22a, 60-7-12a, 60-8-20(a).

   (c)   Whoever violates Section 521.06(a) shall be sentenced in accordance with the following options:

      (1)   Upon first offense, a fine of not more than one hundred dollars ($100.00) and not more than thirty days in jail or completion of an alcohol education program of not more than six hours’ duration at the nearest community mental health-mental retardation center. If the individual, prior to conviction, agrees to voluntarily attend the alcohol education program, the judge may delay sentencing until the program is completed and upon completion may dismiss the charges;

      (2)   Upon conviction for a second offense, a fine of not more than one hundred dollars ($100.00) and not more than thirty days in jail or completion of not less than five hours of alcoholism counseling at the nearest community mental health-mental retardation center;

      (3)   Upon third and subsequent convictions, a fine of not more than one hundred dollars ($100.00) and not less than five nor more than thirty days in jail or a fine of not more than one hundred dollars ($100.00) and completion of not less than five hours of alcoholism counseling at the nearest community mental health-mental retardation center: provided that three convictions for public intoxication within the preceding six months shall be considered evidence of alcoholism: provided, however, that for the educational counseling program described in this subsection the community mental health-mental retardation center may charge each participant its usual and customary fee and shall certify in writing to the referring judicial officer the completion or failure to complete the prescribed program for each individual. A person charged with a violation of Section 521.06(a) who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to West Virginia Code Article 27-5 and 27-6A.

   (d)   Whoever violates Sections 521.06(b) to (d) shall be fined not more than one hundred dollars ($100.00), or confined in jail not more than thirty days, or both.
(WVaC 60-6-9)