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), 521.12(b) or 521.13(b) 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), 521.12(c) or 521.13(d) 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, 60-8-20a, 60-3A-24)

   (c)   Whoever violates subdivision (1), subsection (a) of Section 521.06 shall be sentenced by a judicial officer in accordance with the following options:

      (1)   Upon first offense, a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). If the individual, prior to conviction, agrees to voluntarily attend an alcohol education program of not more than six hours duration at the nearest community mental health - mental retardation center, the judicial officer 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 less than five dollars ($5.00) nor more than one hundred dollars ($100.00) and not more than sixty 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 less than five dollars ($5.00) nor more than one hundred dollars ($100.00) and not less than five nor more than thirty days in jail or a fine of not less than five dollars ($5.00) nor 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 is considered evidence of alcoholism. For the educational counseling programs 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.

      (4)   A person charged with a violation of subdivision (1), subsection (a) of Section 521.06 who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to West Virginia Code Articles 27-5 and 6A.

   (d)   Whoever violates subdivision (2), subsection (a) of Section 521.06 shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00); and upon a second or subsequent conviction thereof, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) or imprisoned not more than thirty days, or both.

   (e)   Whoever violates subdivision (3), subsection (a) of Section 521.06 shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) or imprisoned not more than thirty days, or both.

   (f)   Whoever violates subdivision (4) or (5), subsection (a) of Section 521.06 shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Upon conviction of a second or subsequent offense, he or she is guilty of a felony and, shall be prosecuted under appropriate State law.

      (WVaC 60-6-9)

   (g)   (1)   Whoever violates Section 521.08(a) shall be fined an amount not to exceed five hundred dollars ($500.00) or shall be confined in jail, or, in the case of a juvenile, a detention facility, for a period not to exceed seventy-two hours, or both fined and confined or, in lieu of such fine and confinement, may, for the first offense, be placed on probation for a period not to exceed one year.

      (2)   Whoever violates Section 521.08(b) shall be fined an amount not to exceed one hundred dollars ($100.00) or shall be confined in jail, or in the case of a juvenile, a juvenile detention facility, for a period not to exceed seventy- two hours, or both such fine and confinement or, in lieu of such fine and confinement, may, for the first offense, be placed on probation for a period not exceeding one year.

      (3)   Whoever violates Section 521.08(c) shall be fined an amount not to exceed one hundred dollars ($100.00) or shall be confined in jail for a period not to exceed ten days, or both such fine and confinement.

   (h)   Whoever violates Section 521.09 shall be fined not less than five hundred dollars ($500.00) or more than one thousand dollars ($1,000), or imprisoned not more than thirty days, or both.

      (WVaC 60-7-12)

   (i)   Whoever violates Section 521.10(a) or (b) shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both, and in addition may, for the first offense be placed on probation for a period not to exceed one year.

   (j)   Whoever violates Section 521.10(c) shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ten days, or both.

      (WVaC 60-7-12a)

   (k)   Whoever violates 521.12(a) or 521.13(a) shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than seventy-two hours, or both, or in lieu thereof, may, for the first offense, be placed on probation for a period not to exceed one year.

      (WVaC 11-16-19, 60-8-20a, 60-3A-24)

   (l)   Whoever violates Section 521.13(c) shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than ten days, or both.

      (WVaC 60-3A-24)