DUI Laws in West Virginia (DUI)

West Virginia uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years (for determining offense level and enhancement). 3rd offense within 10 years (lifetime lookback also applies for certain enhancements). Below are the full details of West Virginia's DUI laws and penalties.

Last updated: 2026-03-27

Overview

West Virginia enforces strict DUI laws with a 10-year lookback period and mandatory jail time beginning with a second offense. The state distinguishes between standard DUI (BAC 0.08%–0.14%) and aggravated DUI (BAC 0.15%+), with significantly harsher penalties for the aggravated level. West Virginia's implied consent law carries an automatic license revocation of up to 1 year for a first refusal, and the state requires an ignition interlock device for virtually all DUI offenders seeking license reinstatement. A third DUI offense is a felony in West Virginia, carrying 1 to 3 years in state prison.

Official term: DUI

BAC Limits

Driver Type	BAC Limit
Standard (21+)	0.08%
Commercial (CDL)	0.04%
Under 21	0.02%
Enhanced Penalty	0.15% (aggravated DUI)

Penalties by Offense

Offense	Classification	Jail Time	Fines	License Suspension	IID
1st Offense	Misdemeanor	Up to 6 months (no mandatory minimum for standard first offense); 24 hours to 6 months if BAC ≥ 0.15%	$100 to $500 (standard); $200 to $1,000 if BAC ≥ 0.15%	6 months (standard); 45 days followed by IID for 165 days if BAC ≥ 0.15%	Required for reinstatement; mandatory with BAC ≥ 0.15% or as condition of restricted license
2nd Offense	Misdemeanor	6 months to 1 year (mandatory minimum 6 months; court may allow home confinement for portion); mandatory 24 hours if BAC ≥ 0.15%	$1,000 to $3,000	10 years (may be reduced with IID compliance); 45 days hard suspension followed by IID	Required for at least 2 years as condition of license reinstatement
3rd Offense	Felony	1 to 3 years in state prison (mandatory minimum 1 year)	$3,000 to $5,000	Lifetime revocation (may petition for reinstatement after 10 years with IID)	Required for at least 3 years upon any reinstatement
Felony	Felony	1 to 3 years in state correctional facility (mandatory minimum 1 year); subsequent felony DUI: 2 to 5 years	$3,000 to $5,000 (3rd offense); up to $5,000 for subsequent	Lifetime revocation; may petition for reinstatement after 10 years with IID and proof of rehabilitation	Required for at least 3 years minimum upon any reinstatement; may be permanent

Felony threshold: 3rd offense within 10 years (lifetime lookback also applies for certain enhancements). Lookback period: 10 years (for determining offense level and enhancement).

Additional Penalty Details

Offense	Community Service	Probation	DUI School
1st Offense	May be ordered as condition of probation	Up to 6 months supervised or unsupervised probation	West Virginia Safety and Treatment Program (WVSTP) required — alcohol/drug assessment and education
2nd Offense	May be ordered in addition to jail/home confinement	Up to 1 year supervised probation	WVSTP mandatory; intensive substance abuse treatment as recommended by assessment
3rd Offense	As ordered by the court	Up to 5 years supervised probation following release	Court-ordered intensive substance abuse treatment; residential program may be required
Felony	As ordered by the court	Up to 5 years supervised probation; strict conditions including substance abuse monitoring	Mandatory intensive substance abuse treatment program; may require residential treatment

Implied Consent Law

West Virginia's implied consent law (W. Va. Code § 17C-5-4) requires all drivers to submit to a secondary chemical test (breath, blood, or urine) when arrested for DUI. A preliminary breath test (PBT) may be administered at the scene, but the evidentiary test is the one covered by implied consent. The arresting officer must inform the driver of the consequences of refusal.

Refusal penalties: First refusal: 1-year license revocation (no restricted license available during revocation). Second refusal: 10-year license revocation. Third or subsequent refusal: lifetime revocation. Revocation for refusal is in addition to any revocation imposed for a DUI conviction. Refusal can be used as evidence of guilt at trial.

Aggravating Factors

Factor	Impact
BAC of 0.15% or higher (aggravated DUI)	Enhanced penalties: mandatory minimum jail time, higher fines, longer license revocation, mandatory IID
Passenger under 16 in the vehicle	Enhanced penalties; additional charge of child endangerment creating a substantial risk
DUI causing bodily injury	Felony charge of DUI causing injury — 2 to 10 years in prison
DUI causing death	Felony charge of DUI causing death — 3 to 15 years in prison
Driving on a DUI-revoked license	Separate misdemeanor charge; mandatory jail time and extended license revocation
Prior felony DUI conviction	Enhanced sentences of 2 to 5 years for subsequent DUI; extended or permanent license revocation

DUI with Injury

Classification: DUI Causing Bodily Injury — Felony; DUI Causing Death — Felony

DUI causing bodily injury (W. Va. Code § 17C-5-2(h)): felony with 2 to 10 years in prison, fines of $1,000 to $3,000, and mandatory license revocation. DUI causing death (W. Va. Code § 17C-5-2(i)): felony with 3 to 15 years in prison, fines of $1,000 to $3,000, and mandatory license revocation. Restitution to victims is mandatory in both cases.

Underage DUI

Zero tolerance: Yes

BAC limit: 0.02%

Drivers under 21 with BAC of 0.02% or higher face zero tolerance consequences: license revocation until age 21 or for 60 days (whichever is longer) for a first offense. Second offense: revocation until age 21 or for 1 year (whichever is longer). If the minor's BAC is 0.08% or higher, they face standard adult DUI charges with all corresponding penalties. Completion of the WVSTP alcohol education program is mandatory for reinstatement.

Diversion Programs

West Virginia does not currently offer a formal DUI diversion program. West Virginia does not have a statewide formal pretrial DUI diversion program. However, some counties may offer informal deferral arrangements at the prosecutor's discretion. The West Virginia Safety and Treatment Program (WVSTP) is mandatory for all DUI offenders as part of the reinstatement process, but it is not a diversionary alternative to prosecution. Drug courts in some circuits may accept DUI cases involving substance dependency.

How Long a DUI Stays on Your Record

A DUI conviction remains on your West Virginia criminal record permanently and on your driving record for life. For sentencing enhancement purposes, a 10-year lookback period determines whether a new DUI is treated as a first, second, or third offense. West Virginia does not allow expungement of DUI convictions — they remain part of your permanent record.

Key Statutes

W. Va. Code § 17C-5-2: Driving under the influence of alcohol, controlled substances, or drugs — primary DUI statute
W. Va. Code § 17C-5-4: Implied consent — chemical testing requirements and refusal penalties
W. Va. Code § 17C-5-7: Administrative license revocation procedures for DUI
W. Va. Code § 17C-5A-3: Revocation for driving under the influence — administrative hearing procedures
W. Va. Code § 17C-5-2(h): DUI causing bodily injury — felony penalties
W. Va. Code § 17C-5-2(i): DUI causing death — felony penalties

Frequently Asked Questions

What is the penalty for a first DUI in West Virginia?

A first DUI in West Virginia is a misdemeanor carrying up to 6 months in jail (no mandatory minimum for standard BAC), fines of $100–$500, a 6-month license revocation, mandatory completion of the WVSTP education program, and an IID requirement for reinstatement. If your BAC was 0.15% or higher (aggravated DUI), penalties increase to a mandatory 24 hours in jail, $200–$1,000 in fines, and a 45-day hard suspension followed by 165 days of IID driving.

When does a DUI become a felony in West Virginia?

A DUI becomes a felony in West Virginia on the third offense within 10 years, carrying 1 to 3 years in state prison and $3,000–$5,000 in fines. Any DUI that causes bodily injury or death is also a felony regardless of prior convictions. A fourth or subsequent DUI carries 2 to 5 years in prison.

How long does a DUI stay on your record in West Virginia?

A DUI conviction stays on your West Virginia criminal and driving record permanently. West Virginia does not allow expungement of DUI convictions. For sentencing purposes, a 10-year lookback period is used to determine whether a new DUI counts as a second, third, or subsequent offense.

What happens if you refuse a breathalyzer in West Virginia?

Refusing a chemical test in West Virginia results in automatic license revocation: 1 year for a first refusal, 10 years for a second refusal, and lifetime revocation for a third or subsequent refusal. No restricted license is available during a refusal revocation. The refusal can also be used as evidence against you at trial.

Can you get a restricted license after a DUI in West Virginia?

West Virginia does not issue traditional restricted or hardship licenses for DUI offenders during the initial revocation period. However, for certain offenses, you may be eligible for an IID-restricted license that allows you to drive with an ignition interlock device installed. Eligibility depends on the offense level, BAC, and whether the suspension was for a test refusal.

What is the WVSTP program?

The West Virginia Safety and Treatment Program (WVSTP) is a mandatory program for all DUI offenders seeking license reinstatement. It includes an alcohol/drug assessment, educational classes, and referral for treatment if needed. The program must be completed at an approved provider, and you must present your WVSTP completion certificate to the DMV as part of the reinstatement process. Costs typically range from $150–$400.

How much does a DUI cost in West Virginia?

A first DUI in West Virginia typically costs $5,000 to $15,000+ when factoring in court fines ($100–$500 standard), attorney fees ($2,000–$7,000), WVSTP program fees ($150–$400), IID costs ($70–$150/month), insurance increases (SR-22 required), license reinstatement fees ($50), and lost wages. Costs increase substantially for aggravated DUI and repeat offenses.

What is aggravated DUI in West Virginia?

Aggravated DUI in West Virginia applies when the driver's BAC is 0.15% or higher. This triggers enhanced penalties beyond the standard DUI: mandatory minimum jail time (24 hours for a first offense), higher fines ($200–$1,000 for a first offense vs. $100–$500 standard), and a different license revocation structure with mandatory IID installation. The aggravated DUI distinction applies at every offense level.

Related Guide

DUI license recovery in West Virginia→

Step-by-step guide to getting your license back after a DUI in West Virginia — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.

Take Action — Direct Links

West Virginia DMV — DUI Information
West Virginia Division of Motor Vehicles — license reinstatement, revocation, and IID information.
West Virginia DUI Statutes — Official Code
Full text of West Virginia Code Chapter 17C, Article 5 covering DUI offenses and penalties.
West Virginia Legal Aid — Free Legal Help
Legal Aid of West Virginia — free legal assistance for qualifying individuals.
West Virginia Safety and Treatment Program (WVSTP)
Information on the mandatory WVSTP program for DUI offenders, including approved providers.

DUI license recovery in West Virginia →

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Sources

Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with West Virginia's statutes or consult a qualified DUI attorney in West Virginia.

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