(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(W.Va. Code § 11-16-19, 60-3-22a, 60-7-12a, 60-8-20a, 60-3A-24)
(D) Whoever violates § 134.06(A)(1) shall be sentenced 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 and not more than 60 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 less than $5 nor more than $100 and not less than five nor more than 30 days in jail 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 section, 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.
(4) A person charged with a violation of § 131.06(A)(1) who is an alcoholic shall be found not guilty by reason of addiction and proper disposition made pursuant to W.Va. Code Art. 27-5 and 6A.
(E) (1) Whoever violates § 134.06(A)(2) shall be fined not less than $5 nor more than $100; and upon a second subsequent conviction thereof, shall be fined not less than $5 nor more than $100 or imprisoned not more than 30 days, or both.
(2) Whoever violates § 134.06(A)(3) shall be fined not less than $5 nor more than $100 or imprisoned not more than 30 days, or both.
(3) Whoever violates § 134.06(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) (1986 Code, § 521.99)
(F) (1) Whoever violates § 134.08(A) shall be fined an amount not to exceed $500 or shall be confined in jail, or, in the case of a juvenile, a detention facility, for a period not to exceed 72 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 § 134.08(B) shall be fined an amount not to exceed $100 or shall be confined in jail, or in the case of a juvenile, a juvenile detention facility, for a period not to exceed 72 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 § 134.08(C) shall be fined an amount not to exceed $100 or shall be confined in jail for a period not to exceed ten days, or both such fine and confinement.
(G) Whoever violates § 134.09 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) (1) Whoever violates § 134.10(A) or (B) 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.
(2) Whoever violates § 134.10(C) shall be fined not more than $500 or imprisoned not more than ten days, or both.
(W.Va. Code § 60-7-12a)
(I) Whoever violates §§ 134.12(A) or 134.13(A) 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, 60-8-20a, 60-3A-24)
(J) Whoever violates § 134.13(C) shall be fined not more than $250 or imprisoned not more than ten days, or both.
(W.Va. Code § 60-3A-24)
(K) Whoever violates section § 134.14(A), upon conviction thereof, shall be fined an amount not to exceed $500 or shall be incarcerated in jail for a period not to exceed 72 hours, or both fined and imprisoned, or in lieu of such period, not to exceed one year.
(L) (1) Whoever violates § 134.14(A), upon conviction thereof, shall be fined an amount not to exceed $500 or shall be incarcerated in jail for a period not to exceed 72 hours, or both fined and imprisoned or, in lieu of such period not to exceed one year.
(2) Whoever violates § 134.14(B), upon conviction thereof, shall be fined for:
(a) First offense, $50 and 16 hours community service;
(b) Second offense, $75 and 24 hours community service; and
(c) Third and subsequent offense $100 and 40 hours community service.
(3) Also under W.Va Code Ch. 49, the State Department of Health and Human Service is to be notified of each offense.
(1986 Code, § 521.14) (Ord. passed 8-14-2006)