Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

West Virginia DUI Laws

As in most other states, motorists convicted of driving under the influence (DUI) in West Virginia may be required to serve of to six months of jail time even for their first offense, although that is not common. You will most definitely lose your driving privileges for a given period of time, usually six months, but that can be reduced to 90 days upon completion of a DUI diversion program. Under this program, your license will be suspended for just 15 days and you will be required to have an ignition interlock device (IID) installed on your vehicle for 165 days in order to legally drive.

The laws are much tougher for those convicted of driving with a blood-alcohol concentration (BAC) of 0.15 percent or higher, with a minimum required jail sentence of 48 hours (and up to six months) and a fine of up to $1,000. If you are convicted of a DUI that results in someone's death, however, you may be looking at upwards of 10 years in prison if it charged as a felony.

As you can see, it's important to understand these laws and the potential penalties for breaking them. Additional details about West Virginia's DUI laws follow.

West Virginia DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent

"Per Se" BAC Limit 0.08 Percent
Zero Tolerance (Underage) BAC Limit 0.02 Percent
Enhanced Penalty (Aggravated) BAC Limit 0.15 Percent
Implied Consent to Submit to BAC Test? Yes

West Virginia DUI Laws: Select Penalties

Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) 6 months / 1 year / 1 year
Mandatory Alcohol Education, Assessment and Treatment Both
Vehicle Confiscation Possible? No
Ignition Interlock Device Possible? Yes

Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to make sure you have the most recent information.

West Virginia DUI Resources

Get Legal Help with Your DUI Charges in West Virginia

If you've been arrested and charged with a DUI in West Virginia, understanding your rights and legal options can be difficult. The stakes are usually quite high, and some DUI charges carry jail sentences and other serious penalties. An experienced attorney can sometimes get your charges reduced or even challenge the validity of the evidence against you. Contact a DUI attorney in West Virginia today and get some peace of mind.

Was this helpful?

Thank you. Your response has been sent.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps

Contact a qualified DUI attorney to make sure your rights are protected.

Begin typing to search, use arrow keys to navigate, use enter to select

Help Me Find a Do-It-Yourself Solution

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex DUI situations usually require a lawyer
  • DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
  • A lawyer can seek to reduce or eliminate DUI penalties
  • A lawyer can help get your license back

Get tailored advice and ask your legal questions. Many attorneys offer free consultations.


 If you need an attorney, find one right now.

Copied to clipboard

Find a Lawyer

More Options