West Virginia DUI Laws: FAQ

What are the penalties for a first DUI conviction in West Virginia?

If you are convicted of DUI in West Virginia for the first time, your driver’s license will be suspended, you face a jail sentence ranging from one day to six months, and you can be responsible for fines up to $500.

What are the penalties for a second DUI conviction in West Virginia?

If you are convicted of DUI in West Virginia a second time within ten years, your driver’s license will be suspended for a lengthier period of time, you can be incarcerated for a period of six months to one year, and you may have to pay fines up to $3,000.

What are the penalties for a third or subsequent DUI conviction in West Virginia?

A third or subsequent DUI conviction in West Virginia within ten years will result in your driver’s license being suspended, you can receive a jail sentence of up to three years, and you may be responsible for fines ranging from $3,000 - $5,000.

What is the penalty in West Virginia if I am caught driving while my driver's license is suspended due to a DUI conviction?

If you are convicted of driving while your license is suspended due to a DUI conviction, you will face a jail term of 30 days to six months, as well as fines ranging from $100 to $500. If you are convicted of driving while suspended a second time, you could serve anywhere from six months to one year in jail, and will be responsible for fines ranging from $1,000 to $5,000. A driving while suspended conviction can result in a prison term of one to three years.

What is aggravated DUI under West Virginia law?

In West Virginia, you can be convicted of aggravated DUI if you are operating a motor vehicle with a blood alcohol level (BAC) of 0.15% or more. An aggravated DUI conviction carries harsher penalties than a non-aggravated DUI conviction in West Virginia, including a jail sentence ranging from two days to six months, of which twenty-four hours must be actually served through incarceration, and a mandatory license suspension of 45 days, followed by a mandatory ignition interlock device in any vehicle driven for 270 days.

What can happen under West Virginia law if I refuse to take a Chemical Test when I am suspected of DUI?

If you are arrested for DUI, you are subject to the Implied Consent Law.  As a driver, you are deemed to have given consent to take the designated breathalyzer for the purpose of determining alcohol content in your body.  If you refuse to take the breathalyzer, your privilege to operate a motor vehicle will be revoked for a period of one year and up to life.

What is West Virginia's “Test and Lock Program?”

If it is your first DUI conviction, you can participate in the “Test and Lock Program” under West Virginia law, but you are not required to do so. After your license has been suspended for a period of 15 days due to your DUI conviction, you can drive so long as your vehicle has an ignition interlock device installed for the following 120 days. Participation in the “Test and Lock Program” is mandatory for repeat DUI offenders, for a minimum period of two years. For every DUI conviction within a ten-year period, a period of one year is added to the minimum two-year ignition interlock device period. 

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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