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 Section 521.06(a) shall be sentenced in accordance with the following options:

      (1)   Upon first offense, a fine of not more than one hundred dollars ($100.00).  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 one hundred dollars ($100.00) and not more than thirty 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 more than one hundred dollars ($100.00) and not less than five nor more than thirty days in jail or a fine of not 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 shall be considered evidence of alcoholism:  provided, however that 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.  A person charged with a violation of Section 521.06 (a) 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 27-6A.

   (d)   Whoever violates Section 521.06(b) shall be fined not more than one hundred dollars ($100.00); upon a second or subsequent violation shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than 30 days or both.

   (e)   Whoever violates Section 521.06(c) shall be fined not more than one hundred dollars ($100.00), or confined in jail not more than thirty days, or both. 

      (WVaC 60-6-9)

   (f)   Whoever violates Section 521.06(d) or (e) is guilty of a misdemeanor for a first offense and shall be fined not more than five hundred dollars ($500.00).

      (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)