DUI Laws & Penalties in West Virginia
Anyone who drives while in an “impaired state” can be charged with a DUI in West Virginia. An impaired state means having a blood alcohol content (BAC) level of .08 percent or more—unless you are a commercial driver (.04 percent BAC limit) or underage driver (.02 percent BAC limit)—or being under the influence of drugs, alcohol, or a combination of both.
A first-time DUI can result in a jail sentence of up to six months, a maximum $1,000 fine, and driver’s license suspension for up to one year or thirteen and one-half months of ignition interlock in the driver’s vehicle. The punishments vary based on the driver’s BAC and whether they refused to use the breath machine.
A second-time DUI within a 10-year period can lead to a maximum one-year jail sentence, a fine not exceeding $3,000, and revocation of your driver’s license for up to 10 years or ignition interlock for three years. A third-time DUI within a 10-year period is punishable by a jail term of up to five years, a maximum $5,000 fine, and driver’s license revocation for life or four years of ignition interlock in the driver’s vehicle.
Additionally, all drivers must complete the DUI Safety and Treatment Program for full reinstatement of their driver’s license, regardless of how many DUIs they’ve received before.
