§ 521.99 PENALTY.

   (a)   Whoever violates §§ 521.05(a), 521.08(b), 521.12(b) or 521.13(b) of this article shall be fined not more than $50, or imprisoned for not more than 72 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 §§ 521.05(b), 521.08(c), 521.12(c) or 521.13(c) or (d) of this article shall be fined not more than $100, or imprisoned for not more than ten days, or both.

(W.Va. Code §§ 11-16-19, 60-3-22a, 60-3A-24, 60-8-20a)

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

      (1)   Upon first offense, a fine of not more than $100 and not more than 30 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 $100 and not more than 30 days in jail or completion of not less than five hours of alcoholism counseling at the nearest community mental health-mental retardation center; and

      (3)   Upon third and subsequent convictions, a fine of not more than $100 and not less than five, nor more than 30, days in jail or a fine of not more than $100 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 programs described in this subsection (c), 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 § 521.06(a) of this article who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to W.Va. Code Art. 27-5 and 27-6A.

   (d)   Whoever violates § 521.06(b) of this article shall be fined not more than $100, or confined in jail not more than 30 days, or both.

(W.Va. Code § 60-6-9)

   (e)   Whoever violates § 521.06 of this article is guilty of a misdemeanor for a first offense and shall be fined not more than $500 or imprisoned not more than 30 days, or both.

(W.Va. Code § 60-6-9)

   (f)   Whoever violates §§ 521.08(a), 521.12(a) or 521.13(a) of this article shall be fined not more than $500 or imprisoned not more than 72 hours, or both, or in lieu thereof, may, for the first offense, be placed on probation for a period not to exceed one year.

(W.Va. Code §§ 11-16-19, 60-3A-24, 60-8-20a)

   (g)   Whoever violates § 521.09 of this article shall be fined not less than $500 or more than $1,000, or imprisoned not more than 30 days, or both.

(W.Va. Code § 60-7-12)

   (h)   Whoever violates § 521.10(a) or (b) of this article shall be fined not more than $500 or imprisoned not more than 30 days, or both, and in addition may, for the first offense be placed on probation for a period not to exceed one year.

   (i)   Whoever violates § 521.10(c) of this article shall be fined not more than $500 or imprisoned not more than ten days, or both.

(W.Va. Code § 60-7-12a)

   Editor’s Note:

      See § 501.99 of this part for General Code penalty if no specific penalty is provided.