(B) Any person violating the provisions of § 75.08 is guilty of a violation and, upon conviction thereof, shall be fined not more than, $500.
(C) (1) Except as otherwise provided in W. Va. Code § 17B-4-3(b) or (d) or § 75.10, whoever drives a motor vehicle on any street or highway of this municipality at a time when his or her privilege so to do has been lawfully suspended or revoked shall, for the first offense, be fined not less than $100 nor more than $500; for the second offense, such person, shall be fined not less than $100 nor more than $500; for the third or any subsequent offense, such person shall be imprisoned for a period of 30 days and, in addition to such mandatory jail sentence, shall be fined not less than $150 nor more than $500. A record of the conviction of any person under § 75.10 upon a charge of driving a vehicle while the license of such person was suspended lawfully shall be sent to the State Department of Motor Vehicles.
(2) Any person who drives a motor vehicle on any public highway at a time when his or her privilege to do so has been lawfully revoked for driving under the influence of alcohol, controlled substances or other drugs, or any combination thereof, or for driving while having an alcoholic concentration in his or her blood of 0.08% or more, by weight, or for refusing to take a secondary chemical test of blood alcohol content, for the first offense shall be imprisoned 30 days and in addition to the mandatory jail sentence, shall be fined not less than $100 nor more than $500; for the second offense, shall be imprisoned 30 days and in addition to the mandatory jail sentence, shall be fined not less than $1,000 nor more than $3,000; for the third or any subsequent offense, the person is guilty of a felony and shall be prosecuted under appropriate state law.
(3) Any person who drives a motor vehicle on any public highway at a time when his or her privilege to do so has been lawfully suspended for driving while under the age of 21 years with an alcohol concentration in his or her blood of 0.02% or more, by weight, but less than 0.08%, by weight, shall be imprisoned for 24 hours or shall be fined not less than $50 nor more than $500, or both.
(4) An order for home detention by the court pursuant to the provisions of W. Va. Code Art. 62-11B may be used as an alternative sentence to any period of incarceration required by this division (C).
(D) (1) Any person who drives a motor vehicle on any public street or highway of or in the city at a time when his or her privilege to do so has been lawfully suspended or revoked by the state or any other jurisdiction is, for the first offense, guilty of a violation of § 75.10, and, upon conviction thereof, shall be fined not less than $100 nor more than $500; for the second offense, the person is guilty of a violation of § 75.10, and, upon conviction thereof, shall be confined in a county or regional jail for a period of ten days and, in addition to the mandatory jail sentence, shall be fined not less than $ 100 nor more than $500; for the third or any subsequent offense, the person is guilty of a violation of § 75.10, and, upon conviction thereof, shall be confined in a county or regional jail for a term not to exceed 30 days, and, in addition to the mandatory jail sentence, shall be fined not less than $150 nor more than $500.
(2) Any person who drives a motor vehicle on any public street or highway of or in the city at a time when his or her privilege to do so has been lawfully revoked or driving under the influence of alcohol, controlled substances or other drugs, or for driving while having an alcoholic concentration in his or her blood of 0.08% or more, by weight, or for refusing to take a secondary chemical test of blood alcohol content, is, for the first offense, guilty of a violation of § 75.10, and, upon conviction thereof, shall be confined in a county or regional jail for a term not to exceed ten days and, in addition to the mandatory jail sentence, shall be fined not less than $100 nor more than $500; for the second offense, the person is guilty of a violation of § 75.10, and, upon conviction thereof, shall be fined in a county or regional jail for a term not to exceed 20 days and in addition to the mandatory jail sentence, shall be fined not less than $500 nor more than $750; for the third or any subsequent offense, the person is guilty of a violation of § 75.10, and, upon conviction thereof, shall be fined in a county or regional jail for a term not to exceed 30 days and, in addition to the mandatory jail sentence, shall be fined not less than $750 nor more than $1,000.
(3) Any person who drives a motor vehicle on any public street or highway of or in the city at a time when his or her privilege to do so has been lawfully suspended for driving while under the age of 21 years with an alcohol concentration in his or her blood of 0.02% or more, by weight, but less than 0.08%, by weight, is guilty of a violation of § 75.10 and, upon conviction thereof, shall be confined in a county or regional jail for 24 hours or shall be fined not less than $50 nor more than $500, or both.
(F) Unless another penalty is provided in §§ 75.25 through 75.30, whoever violates any provision of §§ 75.25 through 75.30 shall be fined not less than $100 nor more than $1,000, or imprisoned for not more than 30 days, or both except that for the second violation of § 75.28, the offender shall be fined not less than $500 nor more than $2,000 or imprisoned not more than 30 days, or both. For the third or any subsequent conviction for violation of § 75.28, the offender shall be fined not less than $1,000 nor more than $2,500, or imprisoned for not more than 30 days, or both.
(W. Va. Code § 17E-1-25)
(G) In addition to any other penalties provided by the West Virginia Code or these codified ordinances, any person who drives, operates or is in physical control of a commercial motor vehicle while having an alcohol concentration in his or her blood, breath or urine of 0.04% or more, by weight in violation of § 75.30, shall be imprisoned for not less than 24 hours nor more than 30 days, and shall be fined not less than $100 nor more than $500. A person convicted of a second or any subsequent offense under the provisions of this division (G) shall be imprisoned for a period of 30 days, and the court may, in its discretion, impose a fine of not less than $1,000 nor more than $3,000.
(Ord. passed 12-28-2017)