HB2870 amends West Virginia’s DUI statute to clarify that a “fleeing DUI” can be treated as a DUI offense and used as a predicate offense for second or third DUI charges. The bill specifically adds language stating that a fleeing DUI under §17C-5-2 may be used to support repeat-offense DUI charging, and authorizes the Division of Motor Vehicles to adopt rules to implement that change.
The bill does not create a new impaired-driving offense so much as it corrects how an existing offense is counted within the state’s DUI framework. By making fleeing DUI count as a prior DUI, the measure affects sentencing enhancements, license revocation periods, and other repeat-offender consequences under West Virginia law.
Impact
HB2870 would amend §17C-5-2 of the West Virginia Code, the state’s serious traffic offenses/DUI statute, by expressly recognizing fleeing DUI as a predicate offense for DUI recidivist purposes. That change would affect how courts, prosecutors, and the Division of Motor Vehicles classify prior offenses when determining first, second, or third DUI penalties, including mandatory jail terms, fines, revocations, and eligibility for the test-and-lock program. It also gives the DMV rulemaking authority to carry out the new provision.
Sentiment
The available context suggests generally supportive or corrective sentiment around the bill, with the stated purpose focused on fixing a perceived gap in the law rather than expanding DUI policy in a broader way. The bill’s caption and text frame it as a technical clarification to ensure fleeing DUI is counted properly. No committee testimony or recorded votes are provided, so there is no evidence in the record here of organized opposition or divided sentiment.
Contention
The main issue addressed by HB2870 is whether a fleeing DUI conviction should count as a prior DUI for enhanced penalties in later cases. Supporters appear to view the bill as closing a loophole and aligning the statute with legislative intent. Potential points of contention, though not documented in the provided materials, could include whether the change should apply retroactively, how fleeing DUI is defined and proven, and whether counting it as a predicate offense could increase incarceration, license revocations, and collateral consequences for repeat offenders.