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
- DUI Statute: Driving under the Influence (W. Va. Code 17C-5-2).
- WV DUI Safety and Treatment Program Requirements - Information about the reqwuirements for DUI safety and treatment programs (W.V. Bureau for Behavioral Health and Health Facilities)
- DUI Safety and Treatment Program Providers - List of West Virginia facilities offering DUI safety and treatment programs (W.V. Bureau for Behavioral Health and Health Facilities)
- Alcohol and Drug Education, Treatment, Relapse Prevention - Information about West Virginia's ALADRUE program for alcohol-related offenses (West Virginia Division of Corrections)
- WV Alcohol Test and Lock (Interlock) Program Application - Application form for DUI offenders who wish to drive on a limited license (WV DMV)
- Driver's License Reinstatement Fees - Online form for paying your driver's license reinstatement fees (WV DMV)
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.
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.