West Virginia · DUI · Checked October 2026
West Virginia DUI Penalties: First, Second and Third Offense
West Virginia DUI Penalties: What Are the Rules?
West Virginia sets DUI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
West Virginia DUI Penalties by 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 |
Other First Offense Penalties in West Virginia
- First offenders under § 17C-5-2(e) who tell the court within 30 days of arrest may have proceedings deferred and be placed on probation conditioned on a 15-day suspension and at least 165 days in the Test and Lock program; on completion the charge is dismissed
- Must complete the DMV Safety and Treatment Program before the license is reinstated
- Credit for time actually confined after arrest
Official source: other first offense penalties (West Virginia)
Other Second Offense Penalties in West Virginia
- Home incarceration may replace jail, with at least 5 days of electronic monitoring during which you may not leave home
- Must complete the DMV Safety and Treatment Program before reinstatement
Official source: other second offense penalties (West Virginia)
Other Third Offense Penalties in West Virginia
- Home incarceration may replace imprisonment, with at least 10 days of electronic monitoring during which you may not leave home
Official source: other third offense penalties (West Virginia)
When Penalties Are Higher in West Virginia
- 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 revocation
- 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 revocation
- 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)
- 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)
- 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 others
When a DUI Is 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 deathW. Va. Code § 17C-5-2(b), (c), (m), (n)
How Far Back Prior Offenses Count in West Virginia
10 years. Prior DUI convictions, equivalent out-of-state or municipal convictions, and conditional probation under § 17C-5-2b count if the offense occurred within the 10-year period immediately preceding the date of arrest in the current caseW. Va. Code § 17C-5-2(n)
Official source: how far back prior offenses count (West Virginia)
More on DUI Law in West Virginia
See the full overview of DUI laws in West Virginia and read about first-offense DUI penalties across the states.
This page summarizes West Virginia law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DUI in West Virginia?
Jail: 6 months to 1 year. Fine: may be fined $1,000 to $3,000. License suspension: Revoked 10 years, or a period conditioned on the Test and Lock program.
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