A DUI charge in West Virginia is a serious matter. Even a first offense can result in jail time, fines, a suspended license, and lasting consequences for your driving record and insurance. This guide explains WV DUI law in plain English.
BAC limit: 0.08% (adults 21+) | 0.02% (under 21) | 0.04% (commercial drivers CDL)
Law: WV Code § 17C-5-2 | First offense: Misdemeanor | Third+: Felony
BAC Limits in West Virginia
- 0.08%+ — Illegal for adult drivers 21 and older
- 0.04%+ — Illegal for commercial vehicle operators (CDL holders)
- 0.02%+ — Illegal for drivers under 21 (zero-tolerance law)
You can also be charged with DUI below 0.08% if other evidence shows impairment by alcohol or drugs (including prescription medications).
First Offense DUI Penalties
Standard (BAC below 0.15%)
- Jail: Up to 6 months (no mandatory minimum)
- Fine: $100 – $500
- License revocation: 6 months
- WV Safety and Treatment Program (WVSTP): Required
- Ignition Interlock Device (IID): Required for reinstatement
Aggravated DUI (BAC 0.15% or higher)
- Jail: Mandatory minimum 24 hours
- Fine: $200 – $1,000
- License revocation: 45-day hard suspension + 165 days of IID-required driving
Second Offense DUI
- Jail: 6 months – 1 year (mandatory 6-month minimum)
- Fine: $1,000 – $3,000
- License revocation: 10 years
- IID required after revocation
Third Offense DUI (Felony)
- Felony conviction
- Prison: 1 – 3 years
- Fine: $3,000 – $5,000
- Lifetime license revocation
The Motor Vehicle Test and Lock (Interlock) Program
An alternative to full license revocation:
- First offense (BAC below 0.15%): 15-day hard revocation, then 125 days with IID
- First offense (BAC 0.15%+): 45-day hard revocation, then 270 days with IID
Administrative License Revocation
Your license can be revoked administratively — separate from criminal court — if you refuse a breath/blood test or exceed the BAC limit. You have the right to request a DMV hearing to contest this.
You typically have only 30 days from arrest to request a DMV hearing to challenge your license revocation. Miss this deadline and revocation is automatic. Contact a DUI attorney immediately.
What to Do If Charged with DUI in WV
- Stay calm and exercise your right to remain silent
- Request an attorney before answering questions
- Note time, location, and all details you can remember
- Request a DMV hearing within 30 days to challenge revocation
- Contact an experienced WV DUI defense attorney immediately
Find a DUI Lawyer Near You
- Top DUI Lawyers in Huntington, WV
- Top DUI Lawyers in Charleston, WV
- Top DUI Lawyers in Morgantown, WV
- Top DUI Lawyers in Wheeling, WV
- Top DUI Lawyers in Princeton, WV
Resources
This page is for informational purposes only and does not constitute legal advice.