Go to navigation Go to content

West Viginia DUI Law

It is illegal in West Virginia to drive while under the influence of drugs and/or alcohol or to operate a vehicle with a Blood Alcohol Concentration of .08 or greater.

Penalties

First Offense:

The first offense is a misdemeanor. It is punishable by a period of one day to six months in jail and a fine of $100 - $500. Finally, your license will be suspended for a period of 6 months – 1 year.

Second Offense:

The second offense in ten years is a misdemeanor, punishable by six months – one year in jail and a fine of $1,000 - $3,000. The court may also suspend your license for up to a year.

Third & Subsequent Offenses:

The third and subsequent offenses in a ten year span are all charged as felonies and will result in imprisonment for a period of one – three years and a fine of $3,000 - $5,000. The court may also suspend your license for up to a year.

Drunk Driver Operated with Reckless Disregard for Safety and Caused Death of Another:

This is a felony, which is punishable by 1-10 years in prison and a fine of $1,000 - $3,000.

Drunk Driver Caused the Death of Another:

This is a misdemeanor punishable by between 90 days and one year in jail and a fine of $500 - $1,000.

Drunk Driver Causes Bodily Injury to Another:

This is a misdemeanor punishable by a jail term of between one day and one year and a fine of $200 - $1,000.

Owner Liability Law:

Any vehicle owner who knowingly allows his car to be driven by someone under the influence of alcohol and/or drugs is guilty of a misdemeanor and will be sentenced to a jail term of up to six months and fined $100 - $500.

Under 21:

A driver who is under 21 years of age and has a BAC of between .02 and .08 is guilty of a misdemeanor. The first offense is punishable by a fine of $25 - $100. Second and subsequent offenses are punishable by 24 hour jail term and a fine of $100 - $500. You will also lose your license for a period of 60 days.

Drunk Driving with a Minor in the Car:

If you are convicted of driving with a child under the age of 16 in the car, you may be confined to jail for a period of 2 days – 12 months and a fine of $200 - $1,000.

Implied Consent Laws:

West Virginia has an implied consent law which states that if you operate a vehicle on the state’s highways you have impliedly given your consent to a chemical test. If you refuse to submit to the test, your license will be revoked for a period of one year. If this is your second refusal, your license will be revoked for a period of ten years. A third refusal will result in permanent revocation of your license. All revocations will run concurrently with any license suspension the court gives you for DUI.