(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 70.99.
(1986 Code, § 351.99)
(B) Whoever violates § 74.12 and upon conviction, thereof, shall be confined in a regional jail for 24 hours or shall be fined not less than $50 nor more than $500, or both.
(C) Every person convicted of a violation of the provisions of § 74.13 shall be guilty of a misdemeanor and shall be fined not less than $200 nor more than $5,000, or imprisoned in the county jail not less than 15 days nor more than one year, or both fined and imprisoned.
(E) (1) Except as otherwise provided in W.Va. §§ Code 17B-4-3(b) or (d), or subsections (E)(2) or (3) hereof, whoever drives a motor vehicle on any street or highway of the 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. 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 Art. 62-11B may be used as an alternative sentence to any period of incarceration required by this section.
(2) For the second violation of § 74.33, the offender shall be fined not less than $500 nor more than $2,000 or imprisoned not more than 30 days, or both. For the third or any subsequent conviction for violation of § 74.33, the offender shall be fined not less than $1,000 nor more than $2,500, or imprisoned for not more than 30 days, or both.
(W.Va. Code § 17E-1-25) (1986 Code, § 351.12) (Ord. passed 4-17-2007)