West Virginia DUI Laws & Penalties

West Virginia DUI Driver License Hearing

When an officer arrests someone for DUI in West Virginia the officer is going to confiscate your license and issue you a notice of suspension/revocation.  If you wish to challenge the suspension or revocation of your driver’s license you or your WV DUI lawyer must request an administrative hearing within 30 days from the date of your arrest.  If you fail to make your request within this 30 day window, you will not be granted a hearing and the officer’s revocation of your driver’s license will stand.

It is very important to hire a WV DUI lawyer who has experience when it comes to representing clients at administrative license hearings if you hope to have any chance of having the revocation of your driving privileges overturned.  You can expect a West Virginia DUI lawyer to charge between $400 and $500 to represent a client at an administrative hearing.

West Virginia First Offense DUI Penalties

A first offense West Virginia DUI conviction is a Misdemeanor offense and carries the following penalties:

Jail time: There is no mandatory minimum for a standard first offense. For a BAC level of .15% or greater the mandatory minimum is 48 hours up to 6 months.
Fines: A first offense conviction with a BAC of less than .15% or a test refusal will result in a fine of $100 to $500 plus court costs.  If your BAC was .15% or more the fine amount will be between $100 and $1,000 plus court costs.
Test refusal: A first offense refusal will result in a 1 year license revocation. You will be eligible to drive after 45 days with the installation of an ignition interlock device.
Ignition interlock: An ignition interlock will be required for a minimum of 125 days.
License revocation: Your license will be revoked for 15 – 45 days on a first offense with the use of an IID. The revocation period will be 6 months if you do not choose to install an IID in your vehicle. Before the West Virginia DMV will reinstate your license following your revocation period or accept you into the Test & Lock Program you will be required to show proof of financial responsibility in the form of a West Virginia SR22 insurance policy that meets the states minimum auto insurance liability coverage limits.  You will also have to pay a license reinstatement fee to the DMV.

West Virginia Second Offense DUI Penalties

A second offense West Virginia DUI conviction is a Misdemeanor offense and carries the following penalties:

Jail time: A second offense will result in a jail sentence of between 6 months and 1 year.
Fines: A second offense will result in a fine amount of between $1,000 and $3,000 plus associated court costs.
Test refusal: A second offense refusal will result in a 5 – 10 year license revocation.
Ignition interlock: An ignition interlock will be required for all second offenses.
License revocation: Your license could be revoked for up to 10-years following a second offense.  An ignition interlock will be required for 2 years from reinstatement period. Before the West Virginia DMV will reinstate your license following your revocation period or accept you into the Test & Lock Program you will be required to show proof of financial responsibility in the form of a West Virginia SR22 insurance policy that meets the states minimum auto insurance liability coverage limits.  You will also have to pay a license reinstatement fee to the DMV.

West Virginia Third or Subsequent Offense DUI

A third or subsequent offense West Virginia DUI conviction carries the following penalties:

Jail time: A third or subsequent offense conviction will result in a jail sentence of between 1 – 3 years.
Fines: A third or subsequent offense conviction will result in a fine amount of between $3,000 and $5,000 plus associated court costs.
Test refusal: A third offense refusal will result in a lifetime license revocation.
License revocation: Your license could be revoked for life following a third offense conviction.

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West Virginia CDL DUI Laws

A person operating a commercial motor vehicle in the state of West Virginia while under the influence of alcohol, drugs or an intoxicant with a blood alcohol concentration of .04% or greater or failing to submit to a chemical test is in violation of the state’s laws regarding CDL’s and will be arrested for DUI and your CDL will be revoked for a period of 1-year following a first offense violation.  A second CDL DUI offense will result in your CDL being revoked for life.

If you were carrying hazardous materials at the time, your CDL will be revoked for 3-years. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again.  A CMV operator stopped and found to have any measurable amount of alcohol less than .04% in their system will be issued an “out-of-service” notice and will not be allowed to drive for the next 24-hours.

West Virginia DUI Under 21 Years of Age

In the State of West Virginia if you are under the age of 21 and stopped by an officer and found to have any measurable amount of alcohol in your system at the time, you will be arrested for violating West Virginia’s “zero tolerance” law for underage drinking and driving.

A first offense violation will result in a fine of between $25 and $100 and your license will be revoked for 60 days.  A second offense under the age of 21 will result in your being fined $100 to $500, you will have to spend 24-hours in jail and your license will be revoked for 1-year or until your 21st birthday, whichever is longer.  As a requirement of license reinstatement you will have to have an ignition interlock device installed on your vehicle as part of the West Virginia Test & Lock Program.

If you are under 21 and are arrested for having a BAC level of .08% or greater you will be facing the same fines and penalties as someone over 21 would face for the same offense.

You will also be required to show proof of financial responsibility in the form of an West Virginia SR22 policy before the DMV will reinstate your license.

West Virginia SR22 Requirements

Before the West Virginia Department of Motor Vehicles will reinstate your license following your revocation period, they will require you to file an SR22 form with them before issuing you a new license. You will be required to carry your SR22 insurance for a period of 3-years.

At anytime during this 3-year period if there is a lapse in your West Virginia SR22 insurance coverage, your insurance provider is obligated by law to immediately inform the West Virginia Department of Motor Vehicles of the lapse.  If a lapse in coverage occurs, the West Virginia DMV will immediately revoke your license and you will be required to re-file an SR22 form with the DMV before they will issue you another license.

Since you are going to have to have your SR22 insurance for a period of 3-years, it is important to find the cheapest policy you can before choosing one.  DUI Process has partnered with the largest and most trusted SR22 insurance provider in the state of West Virginia and has worked out a special discount only available here for our website visitors.

Additional West Virginia DUI Resources

• West Virginia First Offense DUI – First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more.
• West Virginia SR22 Insurance Filing – We have compiled everything you need to know about West Virginia’s SR22 insurance and filing requirements including important addresses, phone numbers, etc.
• West Virginia DUI Classes – We offer a complete listing of state approved DUI & alcohol abuse classes.
• West Virginia Bail Bondsmen – Comprehensive list of West Virginia bail bond agents including address, phone, website, etc.