West Virginia DUI Laws & Penalties
Last reviewed:
WV runs a 'Test and Lock' interlock program that can convert/shorten license revocations; strongly IID-forward even on first offenses.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 10 years. 10-year lookback for prior counting. 3rd within 10 = felony.
- Primary statute: W. Va. Code § 17C-5-2
0.15+ = 'aggravated DUI' (§ 17C-5-2b) with higher mandatory jail/fine and longer interlock.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | 1 day (24 hours) – 6 months; mandatory min 24 hours (aggravated 0.15+: 2 days–6 months, more jail) | $100–$500 ($100–500 ($200–1,000 if aggravated 0.15+)) | 15–45 days revocation with IID (Test and Lock) – 6 months without IID; hardship: Test and Lock: 125-day minimum IID converts a longer revocation to a short one + interlock | Required |
| Second offense | misdemeanor (within 10 years) | 6 months – 1 year; mandatory min 6 months | $1,000–$3,000 | up to 10-year revocation; 2-year IID from reinstatement – 10 years; hardship: Test and Lock after portion | Required |
| Third offense | felony (within 10 years) | 2 years (state correctional facility) – 5 years; mandatory min 2 years | $3,000–$5,000 | LIFE revocation (conditioned on Test and Lock participation) – life; hardship: Test and Lock program can condition reinstatement | Required |
First offense
- Classification: misdemeanor
- Jail: 1 day (24 hours) – 6 months; mandatory min 24 hours (aggravated 0.15+: 2 days–6 months, more jail)
- Fine: $100–$500 ($100–500 ($200–1,000 if aggravated 0.15+))
- License suspension: 15–45 days revocation with IID (Test and Lock) – 6 months without IID; hardship: Test and Lock: 125-day minimum IID converts a longer revocation to a short one + interlock
- Alternative disposition: Deferral program available for some first offenders (avoids conviction on completion); safety/treatment program.
- Interlock: IID minimum 125 days on first offense via Test and Lock; 210 days if aggravated (0.15+).
Second offense
- Classification: misdemeanor (within 10 years)
- Jail: 6 months – 1 year; mandatory min 6 months
- Fine: $1,000–$3,000
- License suspension: up to 10-year revocation; 2-year IID from reinstatement – 10 years; hardship: Test and Lock after portion
Third offense
- Classification: felony (within 10 years)
- Jail: 2 years (state correctional facility) – 5 years; mandatory min 2 years
- Fine: $3,000–$5,000
- License suspension: LIFE revocation (conditioned on Test and Lock participation) – life; hardship: Test and Lock program can condition reinstatement
- Lifetime revocation, but Test and Lock participation provides a pathway to drive with IID.
Refusing a chemical test (implied consent)
Refusal: 1-year revocation first (reducible via Test and Lock IID); second refusal 5–10 year revocation. Refusal admissible.
Statute: W. Va. Code § 17C-5-7
Ignition interlock
'Test and Lock' program: install an IID and a lengthy revocation converts to a short revocation + interlock period (125 days first offense, longer on repeats/aggravated, up to life-conditioned for felonies).
Statute: W. Va. Code § 17C-5A-3a
Frequently asked questions
What is the penalty for a first DUI in West Virginia?
A first DUI in West Virginia is a misdemeanor. Jail: 1 day (24 hours) – 6 months; mandatory min 24 hours (aggravated 0.15+: 2 days–6 months, more jail). Fine: $100–$500 ($100–500 ($200–1,000 if aggravated 0.15+)). License suspension: 15–45 days revocation with IID (Test and Lock) – 6 months without IID; hardship: Test and Lock: 125-day minimum IID converts a longer revocation to a short one + interlock.
What is the legal BAC limit in West Virginia?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does West Virginia look back at prior DUI offenses?
10 years. 10-year lookback for prior counting. 3rd within 10 = felony.