DUI Laws in West Virginia
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Ignition Interlock Device Laws
- All DUI offenders must participate in the West Virginia’s Alcohol Test and Lock Program (ATLP), and the installation of an interlock device may be a condition of participating in that program.
- Interlock devices are required of repeat DUI offenders and first-time offenders whose BAC was .15% or higher at the time of arrest.
- If an interlock is required of an offender, a device must be installed in any vehicle the offender drives, with the exception of work vehicles driven only during work hours according to West Virginia ignition interlock device laws.
- The period of time that devices must remain installed on the offender’s vehicles varies from 30 days to 12 months, depending on the circumstances of the conviction.
License Suspension
DUI laws in West Virginia state that all drivers convicted of DUI face mandatory license suspension.
Suspension terms range from 60 days for drivers under the age of 21 to 60 days for a DUI with an accident that results in a death.
Most offenders are also subject to jail sentences ranging from 24 hours to three years and court-imposed fines. Aggravating circumstances include refusal to take a field breathalyzer, driving with a child in the car at the time of arrest, and an accident during the offense that causes injury or death.
DUI Penalties and Fees in West Virginia
| 1st Offense | Fine: $100 to $1,000 Jail Time: Up to 6 months Period of License Suspension: 15 to 45 days |
|---|---|
| 2nd Offense | Fine: $1,000 to $3,000 Jail Time: 6 to 12 months Period of License Suspension: 1 year |
| 3rd Offense | Fine: $3,000 to $5,000 Jail Time: 1 to 3 years Period of License Suspension: 1 year |
Get Your Suspended Drivers License Reinstated
Our goal is to get you back to the road safely and legally, here’s how to get your license back
Schedule Install West Virginia License ReinstatementSource(s): W. Va. Code §§ 17C-5-2, 17C-5A-3a
West Virginia Legislature. West Virginia Code. Retrieved April 17, 2017 from http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=17c&art=5§ion=2
Last Updated: November 13, 2019
This information was obtained from third party sites and is for informational purposes only. Although RoadGuard attempts to keep in the information up to date, it is provided "as-is" and RoadGuard disclaims all warranties, express and implied, including but not limited to its accuracy and completeness. Any reliance on this information is at your sole risk. The information is not intended as legal advice and should not be relied on as such. If you need advice concerning the State’s requirements or your personal obligations please consult with your monitoring authority, attorney or local court.