West Virginia · DUI · Checked October 2026

DUI Laws in West Virginia

What Happens if You Get a DUI in West Virginia?

West Virginia calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 30 days to challenge your license suspension
First offense jail: Up to 6 months (BAC under 0.15); 2 days to 6 months, including at least 24 hours of actual confinement, at 0.15 or higher
First offense fine: $100 to $500 ($200 to $1,000 at 0.15 or higher)
First offense license: Revoked 6 months (1 year at 0.15 or higher), or a shorter revocation conditioned on the Test and Lock program
Felony: A third or later DUI with two or more prior DUI convictions (or a prior conditional probation) for offenses within the 10 years before the current arrest; also any impaired driving that causes serious bodily injury or death

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

West Virginia DUI Laws: Key Facts

Legal limit (adults): 0.08 BACW. Va. Code § 17C-5-2(a)(1)(E), (f), (j); W. Va. Code § 17E-1-14
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (0.02 or more but less than 0.08 for drivers under 21)
Enhanced penalties from: 0.15 BAC
Lookback period: 10 years

West Virginia DUI Penalties by Offense

DUI penalties in West Virginia for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	misdemeanor	misdemeanor	felony
Jail	up to 6 months (BAC under 0.15); 2 days to 6 months, including at least 24 hours of actual confinement, at 0.15 or higher	6 months to 1 year	2 to 5 years in a state correctional facility
Fine	$100 to $500 ($200 to $1,000 at 0.15 or higher)	may be fined $1,000 to $3,000	court may impose $3,000 to $5,000
License suspension	Revoked 6 months (1 year at 0.15 or higher), or a shorter revocation conditioned on the Test and Lock program	Revoked 10 years, or a period conditioned on the Test and Lock program	Revoked for life, or a period conditioned on the Test and Lock program
Ignition interlock	Optional for a standard first offense: 15-day minimum revocation, then at least 125 days with an interlock. Mandatory for a first revocation at 0.15 or higher: 45-day minimum revocation, then at least 270 days with an interlock	Mandatory with a prior conviction or revocation within the past 10 years: minimum 1-year revocation and at least 2 years with an interlock on every vehicle you own or operate	Mandatory: minimum 1-year revocation and at least 2 years with an interlock, plus 1 year for each additional prior conviction or revocation within the past 10 years

First offense: W. Va. Code § 17C-5-2(e), (f), (r); § 17C-5-2b; § 17C-5A-3a(b)-(c) · Second offense: W. Va. Code § 17C-5-2(l), (n), (q); § 17C-5A-3a(d) · Third offense: W. Va. Code § 17C-5-2(m), (n), (q); § 17C-5A-3a(d)

When Penalties Are Higher

BAC 0.15 or higher: 2 days to 6 months in jail (at least 24 hours actual confinement), $200 to $1,000 fine, 1-year revocation; mandatory Test and Lock with at least 270 days of interlock after a 45-day minimum revocationW. Va. Code § 17C-5-2(f); § 17C-5A-3a(b)(1), (c)(3)
unemancipated minor under 16 in the vehicle: Misdemeanor: 2 days to 12 months in jail (at least 48 hours actual confinement), $200 to $1,000 fine, 1-year revocationW. Va. Code § 17C-5-2(k)
impaired driving that causes bodily injury to another person: Misdemeanor: 1 day to 1 year in jail (at least 24 hours actual confinement), $200 to $1,000 fine, 2-year revocation (life with a prior conviction)W. Va. Code § 17C-5-2(d)
impaired driving that causes serious bodily injury to another person: Felony: 2 to 10 years, $1,000 to $3,000 fine, 5-year revocation (life with a prior conviction)W. Va. Code § 17C-5-2(c)
impaired driving that causes a death within one year: Felony: 3 to 15 years, $1,000 to $3,000 fine, 10-year revocation (life with a prior conviction); 5 to 30 years, $2,000 to $10,000 and lifetime revocation if done with deliberate disregard for the safety of othersW. Va. Code § 17C-5-2(b)

More on West Virginia DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

License revocation of at least 45 days and up to life after a court order finding that you refused the designated secondary breath test. A refusal becomes final 15 minutes after you refuse. Refusing a blood test only cannot result in revocation, and a blood test needs your written consent or a warrantW. Va. Code § 17C-5-4(c)-(e); § 17C-5-7(b); § 17C-5-7a(e)

Official source: if you refuse a breath or blood test in West Virginia

Getting a Motor Vehicle Alcohol and Drug Test and Lock Program Restricted License

After the minimum revocation period, and once enrolled in or finished with the Safety and Treatment Program, you may drive only vehicles with an approved test and lock system on a restricted license. Minimum revocation before eligibility: 15 days (standard first offense), 45 days (first refusal or 0.15 or higher), 2 months (injury or child passenger), 1 year (repeat offense within 10 years). Joining before the revocation takes effect defers it, and finishing the program waives it

Official source: getting a motor vehicle alcohol and drug test and lock program restricted license in West Virginia

Ignition Interlock

First offense: Mandatory for a first revocation at 0.15 or higher (at least 270 days); optional for a standard first offense (at least 125 days) or a first refusal (at least 1 year) Repeat offenses: Mandatory with a prior conviction or revocation within the past 10 years: at least 2 years, plus 1 year for each additional prior within 10 years Interlock time grows by 2 months if a minor was in the vehicle, 6 months if someone else was injured, and 2 years if that injury caused a death. Driving a vehicle without the system while in the program is a misdemeanor (1 to 6 months in jail and a $100 to $500 fine); trying to bypass it carries up to 6 months and a $100 to $1,000 fine. Participants are drug tested. Installation and removal fees are waived for people the DMV finds indigent

Official source: ignition interlock in West Virginia

Can a DUI Come Off Your Record?

DUI convictions are excluded from West Virginia's general expungement law. A first offender who completes deferral and conditional probation under § 17C-5-2b may ask the court to expunge the arrest and court records, except DMV records Waiting period: At least one year after the probation term ends (deferral cases only) W. Va. Code § 61-11-26(c)(7) makes 'any offense of driving under the influence of alcohol or a controlled substance' ineligible for expungement. Under § 17C-5-2b(g), a person whose deferral ended in dismissal may apply for expungement; a person with a prior felony conviction may not. Only one discharge and dismissal is allowed per person. Under-21 drivers who finish the Test and Lock program after a first 0.02 offense have DMV suspension records expunged by law, once

Official source: can a dui come off your record? in West Virginia

Drivers Under 21

A driver under 21 with a BAC of 0.02 or more but less than 0.08 commits a separate offense First offense: misdemeanor, $25 to $100 fine and a 60-day license suspension (or a Test and Lock alternative); the charge can be continued for Test and Lock participation and dismissed and expunged on completion. Second or later: 24 hours in jail, $100 to $500 fine, and revocation for 1 year or until age 21, whichever is longer

Official source: drivers under 21 in West Virginia

Driving After Using Drugs

Yes. The same statute defines an impaired state to include being under the influence of any controlled substance, any other drug or inhalant, or alcohol combined with drugs. Habitual users of narcotics or amphetamines who drive commit a separate misdemeanor. Being legally entitled to use the drug is not a defense

Official source: driving after using drugs in West Virginia

More on DUI Law in West Virginia

For the state's own guidance, see West Virginia DMV Governor's Highway Safety Program: Impaired Driving.

This page summarizes West Virginia law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in West Virginia can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in West Virginia?

Jail: up to 6 months (BAC under 0.15); 2 days to 6 months, including at least 24 hours of actual confinement, at 0.15 or higher. Fine: $100 to $500 ($200 to $1,000 at 0.15 or higher). License suspension: Revoked 6 months (1 year at 0.15 or higher), or a shorter revocation conditioned on the Test and Lock program.

How Long Do You Have to Request a License Hearing in West Virginia?

30 days. How it is counted: your first appearance before the court on the DUI charge. This is a court refusal review hearing and applies only when the officer reports that you refused the secondary chemical test; West Virginia has no separate DMV hearing for a failed test. Ask the court where the DUI charge is pending for a refusal review hearing; the court must advise you of this right at your first appearance. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in West Virginia?

A third or later DUI with two or more prior DUI convictions (or a prior conditional probation) for offenses within the 10 years before the current arrest; also any impaired driving that causes serious bodily injury or death