WV DUI Laws & Penalties
A DUI in West Virginia occurs when a person has a blood alcohol concentration (BAC) of at least .08 percent or is under the influence of drugs, alcohol, or both. Penalties for a DUI are based on the facts of the case.
A first non-aggravated DUI offense carries a maximum six-month jail term, fines of up to $500, and driver’s license suspension for six months or 140 days of interlock installation in their vehicle. However, if a person’s BAC is at .15 percent, or if they refuse the breath machine, they face harsher penalties including fines up to $1,000 and license suspension for one year or thirteen and one-half months of ignition interlock in their vehicle.
A second DUI offense within the last ten years is punishable by a jail sentence of up to one year, a maximum $3,000 fine, and driver’s license revocation for up to 10 years or three years of ignition interlock. A third DUI offense within the last decade leads to a jail sentence of up to five years, fines of up to $5,000, and lifetime driver’s license revocation or four years with mandatory ignition interlock.
Before any driver convicted of a DUI may have their license fully reinstated, they must complete the DUI Safety and Treatment Program.
