(a) Whoever violates §§ 521.05(a), 521.12(b) or 521.13(b) shall be fined not more than $50, or, in lieu of such fine, may, for the first offense, be placed on probation for not more than one year.
(b) Whoever violates §§ 521.05(b), 521.12(c) or 521.13(d) shall be fined not more than $100.
(W.Va. Code §§ 60-3-22a, 60-8-20a, 60-3A-24)
(c) Whoever violates § 521.06(a)(1) shall be sentenced by a judicial officer in accordance with the following options:
(1) Upon first offense, a fine of not less than $5 nor more than $100. 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 $5 nor more than $100 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 $5 nor more than $100 or a fine of not less than $5 nor 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 is considered evidence of alcoholism. 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; and
(4) A person charged with a violation of § 521.06(a)(1) who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to W.Va. Code Articles 27-5 and Article 27-6A.
(d) Whoever violates § 521.06(a)(2) shall be fined not less than $5 nor more than $100; and upon a second or subsequent conviction thereof, shall be fined not less than $5 nor more than $100 or imprisoned not more than 30 days, or both.
(e) Whoever violates § 521.06(a)(3) shall be fined not less than $5 nor more than $100.
(f) Whoever violates § 521.06(a)(4) or (a)(5) shall be fined not less than $100 nor more than $500. Upon conviction of a second or subsequent offense, he or she is guilty of a felony and, shall be prosecuted under appropriate state law.
(W.Va. Code § 60-6-9)
(g) (1) Whoever violates § 521.08(a) shall be fined an amount not to exceed $500, or, in lieu of such fine, may, for the first offense, be placed on probation for a period not to exceed one year.
(2) Whoever violates § 521.08(b) shall be fined an amount not to exceed $50, or, in lieu of such fine, may, for the first offense, be placed on probation for a period not exceeding one year.
(3) Whoever violates § 521.08(c) shall be fined an amount not to exceed $100.
(W. Va. Code § 11-16-19)
(h) Whoever violates § 521.09 shall be fined not less than $500 or more than $1,000.
(W.Va. Code § 60-7-12)
(i) Whoever violates § 521.10(a) or (b) shall be fined not more than $500, and in addition may, for the first offense be placed on probation for a period not to exceed one year.
(j) Whoever violates § 521.10(c) shall be fined not more than $500.
(W.Va. Code § 60-7-12a)
(k) Whoever violates §§ 521.12(a) or 521.13(a) shall be fined not more than $500, or, in lieu thereof, may, for the first offense, be placed on probation for a period not to exceed one year.
(W.Va. Code §§ 60-8-20a, 60-3A-24)
(l) Whoever violates § 521.13(c) shall be fined not more than $250.
(W.Va. Code § 60-3A-24)
Editor’s note:
See § 501.99 for general Code penalty if no specific penalty is provided.