DUI Laws in West Virginia

This article provides a detailed overview of DUI laws in West Virginia, including definitions, penalties, legal processes, and resources. By adhering to these laws and understanding the consequences of impaired driving, individuals can contribute to safer roads and communities.

Driving under the influence (DUI) is a serious offense in West Virginia, with stringent laws and severe penalties designed to deter impaired driving and enhance public safety. This article provides a comprehensive overview of DUI laws in West Virginia, including definitions, penalties, legal processes, and resources for those facing DUI charges.

Definition of DUI in West Virginia

In West Virginia, DUI is defined under West Virginia Code §17C-5-2. According to the statute, a person is considered to be driving under the influence if they operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The law also encompasses driving under the influence of drugs, whether prescription, over-the-counter, or illegal substances.


West Virginia law does not differentiate between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). Both terms are used interchangeably and refer to the same offense of operating a vehicle while impaired by alcohol or drugs.

Source: Moore Law Firm

Blood Alcohol Concentration (BAC) Limits

  • Adults (21 and over): 0.08%
  • Commercial drivers: 0.04%
  • Drivers under 21: 0.02%

West Virginia's implied consent law stipulates that by driving on the state's roads, drivers automatically consent to chemical tests (breath, blood, or urine) to determine BAC. Refusal to submit to these tests can result in immediate license suspension and other penalties.

Source: West Virginia DUI Laws - FindLaw

Penalties for DUI in West Virginia

First Offense

  • Fines: $100 to $500
  • Jail Time: Up to 6 months
  • License Suspension: 15 days to 6 months
  • Mandatory Alcohol Education Program

Second Offense

  • Fines: $1,000 to $3,000
  • Jail Time: 6 months to 1 year
  • License Suspension: 1 year
  • Mandatory Alcohol Treatment Program

Third Offense

  • Fines: $3,000 to $5,000
  • Jail Time: 1 to 3 years
  • License Suspension: 1 year
  • Mandatory Alcohol Treatment Program

Source: DUI Penalties in West Virginia

Aggravating Factors

Certain factors can enhance the severity of DUI penalties, including:

  • High BAC: BAC of 0.15% or higher
  • Accidents: Causing injury or death
  • Child Endangerment: Having a minor in the vehicle

Arrest and Booking

When a driver is suspected of DUI, they are typically arrested and taken to a police station for booking. This process includes fingerprinting, photographing, and recording personal information.


The arraignment is the first court appearance where the defendant is formally charged with DUI. The judge will explain the charges, inform the defendant of their rights, and ask for a plea (guilty, not guilty, or no contest).

Pre-Trial Motions

Both the defense and prosecution may file pre-trial motions, such as motions to suppress evidence or dismiss charges. These motions are heard and decided by the judge.


If the case goes to trial, both sides present evidence and arguments. The prosecution must prove the defendant's guilt beyond a reasonable doubt. The defense may challenge the validity of the evidence, the accuracy of the BAC test, or other aspects of the case.


If the defendant is found guilty, the judge will impose a sentence based on the severity of the offense, prior convictions, and other factors. Sentencing may include fines, jail time, license suspension, and mandatory treatment programs.

Administrative Penalties

License Suspension

The West Virginia Division of Motor Vehicles (DMV) can impose administrative penalties, including license suspension, independent of criminal court proceedings. Drivers may request a hearing to contest the suspension. A license suspension can significantly impact an individual's daily life and employment.

Source: DUI DMV Penalties in West Virginia

Ignition Interlock Device

In some cases, offenders may be required to install an ignition interlock device (IID) on their vehicle. This device prevents the vehicle from starting if the driver has a measurable amount of alcohol in their system. The ignition interlock device is a critical tool in reducing repeat offenses.

DUI and Minors

Zero Tolerance Law

West Virginia has a zero-tolerance policy for drivers under 21. A BAC of 0.02% or higher can result in DUI charges, even if the driver is not visibly impaired.

Penalties for Minors

Penalties for underage DUI include fines, license suspension, and mandatory participation in alcohol education programs. Repeat offenses can lead to more severe consequences. Underage DUI offenders face strict penalties to deter drunk driving among youth.

DUI and Commercial Drivers

Lower BAC Threshold

Commercial drivers are held to a stricter BAC limit of 0.04%. Violations can result in disqualification from operating commercial vehicles and other penalties.

Penalties for Commercial Drivers

Penalties for commercial drivers convicted of DUI include fines, jail time, and disqualification from holding a commercial driver's license (CDL) for a specified period. A DUI conviction can severely impact a commercial driver's career and livelihood.

DUI and Drug Impairment

Definition of Drugged Driving

Driving under the influence of drugs (DUID) is treated similarly to alcohol-related DUI. This includes impairment by prescription medications, over-the-counter drugs, and illegal substances.

Penalties for Drugged Driving

Penalties for drugged driving mirror those for alcohol-related DUI and can include fines, jail time, license suspension, and mandatory treatment programs.

Source: West Virginia Drugged Driving - NORML

Challenging the Traffic Stop

One common defense is to challenge the legality of the traffic stop. If the law enforcement officer did not have reasonable suspicion to stop the vehicle, any evidence obtained during the stop may be inadmissible.

Questioning the BAC Test

Defendants may challenge the accuracy of BAC tests by questioning the calibration of the testing equipment, the administration of the test, or the handling of the samples.

Medical Conditions

Certain medical conditions can mimic signs of impairment or affect BAC readings. Defendants may present medical evidence to explain their behavior or test results. Medical conditions can be a strong defense strategy in DUI cases.

Resources for Those Facing DUI Charges

It is crucial for individuals facing DUI charges to seek legal representation. Experienced DUI attorneys can provide guidance, build a defense, and represent clients in court. Hiring an experienced West Virginia DUI lawyer can significantly impact the outcome of the case.

Alcohol Education and Treatment Programs

Participation in alcohol education and treatment programs is often a requirement for DUI offenders. These programs aim to address underlying issues and reduce the risk of reoffending. Successful completion of these programs is essential for rehabilitation.

Support Groups

Support groups, such as Alcoholics Anonymous (AA), offer peer support and resources for individuals struggling with alcohol addiction.

West Virginia SR22 Insurance

Individuals convicted of DUI may be required to obtain West Virginia SR22 insurance, which serves as proof of financial responsibility and can result in higher insurance premiums.

DUI Deferral Program

West Virginia offers a DUI deferral program for eligible first-time offenders. Successful completion of the program can result in the dismissal of the DUI charge and avoidance of a conviction on the individual's record. The program typically includes alcohol education, treatment, and compliance with other court-ordered requirements.

DUI and Reckless Driving

In some cases, a DUI charge can be accompanied by a reckless driving charge. Reckless driving involves operating a vehicle with a willful or wanton disregard for the safety of persons or property. This can result in additional penalties and complicate the legal process.

Importance of a Strong Defense Strategy

Building a strong defense strategy is crucial for those facing DUI charges. This includes gathering evidence, challenging the prosecution's case, and presenting mitigating factors. An experienced DUI attorney can help develop a robust defense to achieve the best possible outcome.


DUI laws in West Virginia are designed to promote public safety and deter impaired driving. Understanding these laws, the associated penalties, and the legal process is essential for anyone facing DUI charges. By seeking legal representation and participating in mandated programs, individuals can navigate the complexities of DUI cases and work towards a positive outcome. For more information on West Virginia DUI laws, visit the official West Virginia Legislature website.

About the author
Von Wooding

Von Wooding

Counsel Stack develops grounded language models equipped with research, retrieval, and drafting tools. We offer legal leads, pre-built intelligent applications, and white label solutions.

Counsel Stack Learn

A legal information center for the public

Counsel Stack Learn

Great! You’ve successfully signed up.

Welcome back! You've successfully signed in.

You've successfully subscribed to Counsel Stack Learn.

Success! Check your email for magic link to sign-in.

Success! Your billing info has been updated.

Your billing was not updated.