West Virginia · DUI · Checked October 2026

Refusing a Breath or Blood Test in West Virginia

Refusing a Breath or Blood Test in West Virginia: What Are the Rules?

What happens if you refuse a breath or blood test in West Virginia.

Refusal penalty
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 warrant
License suspension for refusing
First refusal: 1 year, or 45 days plus 1 year in the Test and Lock program. With a prior refusal revocation: 10 years (license may be reissued after 5). With more than one prior refusal revocation: life
Deadline to challenge
30 days

Researched and checked by the ·

Refusal Penalties in West Virginia

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: refusal penalties (West Virginia)

License Suspension for Refusing in West Virginia

First refusal: 1 year, or 45 days plus 1 year in the Test and Lock program. With a prior refusal revocation: 10 years (license may be reissued after 5). With more than one prior refusal revocation: lifeW. Va. Code § 17C-5-7a; § 17C-5A-1a; § 17C-5A-2 (repealed)

Official source: license suspension for refusing (West Virginia)

More on DUI Law in West Virginia

See the full overview of DUI laws in West Virginia and read about implied consent laws in every state.

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 Happens if You Refuse a Breath Test in West Virginia?

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 warrant

How Long Is the Suspension for Refusing?

First refusal: 1 year, or 45 days plus 1 year in the Test and Lock program. With a prior refusal revocation: 10 years (license may be reissued after 5). With more than one prior refusal revocation: life

Sources

  1. Implied consent: W. Va. Code § 17C-5-4(c)-(e); § 17C-5-7(b); § 17C-5-7a(e)
  2. License suspension and hearing: W. Va. Code § 17C-5-7a; § 17C-5A-1a; § 17C-5A-2 (repealed)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.