West Virginia DUI Laws
A West Virginia DUI arrest sets into motion both a criminal case and a civil action to suspend your driving privilege. A strong defense may be built upon a variety of factors, such as lack of evidence, improper testing, an illegal stop, affirmative proof of your sobriety and more. If you or someone you know has been arrested for DUI, please contact a qualified attorney for help.
One of the latest additions to West Virginia DUI law is a deferral program for DUI first offenses. The program involves a 15-day suspension of driving privileges followed by 165 days of driving with an ignition interlock device. If you successfully complete the program, the charges are dismissed and can later be expunged (cleared) from your record. You must apply to the program within 30 days of your arrest, so it is best to act quickly and contact a West Virginia DUI attorney before your rights are lost.
If you are convicted of DUI, penalties may include license revocation, rehabilitation or driving school, probation and vehicle impoundment. Aggravating factors such as high BAC (blood alcohol content), prior DUI convictions, "zero tolerance" (DUI arrest if you are under 21) and more will influence sentencing. West Virginia DUI laws are complex and evolving. It is best to consult an experienced DUI attorney for more information and further assistance.
West Virginia DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
West Virginia BAC laws may differ from those of other states, as follows.
| West Virginia BAC Laws | |
| Per Se Violation | BAC of .08 to .149 |
| Enhanced Penalty | .15 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | Higher than .00 |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DUI/DWI Arrest | |
| 1st Offense - Per Se Violation (.08 or higher) | 90-day license suspension |
| Subsequent Offenses | 1-year license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 30- or 60-day license suspension, depending on prior convictions |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 1-year license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 60 days |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - Per Se Violation (.08 to .149) | |
| License Suspension | 90 days (may have conditional license) |
| Prison Term and Community Service | Up to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $100 to $500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory Safety and Treatment Program |
| First DUI/DWI Offense - Enhanced Penalty (.15 or higher) | |
| License Suspension | 45 days (may have conditional license) |
| Prison Term and Community Service | 2 days to 6 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $100 to $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory Safety and Treatment Program |
| Second DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | 6 to 12 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 to $3,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory Safety and Treatment Program |
| Third DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | 1 to 3 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $3,000 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory Safety and Treatment Program |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, West Virginia Governor's Highway Safety Program