(a) General article penalty. Whoever violates any provision of this article for which no other penalty is provided shall be fined not more than $500; for a second or subsequent violation of the same provision, such person shall be fined not more than $500 or imprisoned not more than 30 days, or both.
(b) Driving under suspension or revocation.
(1) A. Except as otherwise provided in W. Va. Code 17B-4-3(b) or (d), or divisions (b)(2) or (b)(3) hereof, 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.
B. A record of the conviction of any person under this section 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; for the second offense, the person shall be confined in jail for a period of 30 days, and shall be fined not less than $100 nor more than $500; for the third or any subsequent offense, the person is guilty of a felony and shall be prosecuted under appropriate state law.
(4) An order for home detention by the court pursuant to the provisions of W. Va. Code 62-11B may be used as an alternative sentence to any period of incarceration required by this section.