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West Virginia Traffic Laws: Points, Tickets, License Suspension and DUI

West Virginia driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.

Quick answers for West Virginia

Point system
Yes. Points are assessed for traffic violations by severity, including violations anywhere in the U.S. (using the West Virginia schedule). At 6 points the driver gets a warning letter. Suspensions: 12-13 points = 30 days; WV DMV, Point System
Legal BAC limit
0.08 for drivers generally ('impaired state' includes an alcohol concentration of 0.08 or more). Drivers under 21 commit a separate offense at 0.02 or more but under 0.08. W. Va. Code § 17C-5-2(a), (j)
First-offense DUI penalties
First offense (impaired, under 0.15): a misdemeanor with up to six months in jail and a fine of $100 to $500, plus license revocation for six months or a period tied to participation in the Motor Vehicle Alcohol Test and Lock (ignition interlock) Program. W. Va. Code § 17C-5-2(e), (f), (q)

Last verified: 2026-10-27

Tickets and points

Point systemYes. Points are assessed for traffic violations by severity, including violations anywhere in the U.S. (using the West Virginia schedule). At 6 points the driver gets a warning letter. Suspensions: 12-13 points = 30 days; 14-15 = 45 days; 16-17 = 60 days; 18-19 = 90 days; 20 or more = 120 days. Suspensions generally run consecutively, and points earned while suspended add another suspension afterward.
Source: WV DMV, Point System
How long points lastPoints for an infraction stay on the record for two years from the conviction date; the infraction itself stays on the record for five years.
Source: WV DMV, Point System
Traffic schoolCompleting an approved classroom Defensive Driving Course removes 3 points (deducted from the last ticket received before the class). Online courses are not accepted. The course can be used for point reduction once every 12 months and only for points already on the record. If a 30-day suspension (12-13 points) is pending and proof of completion plus the reinstatement fee are submitted before it takes effect, the suspension is rescinded; a suspension for 14 or more points is not affected. The course does not dismiss the ticket.
Source: WV DMV, Point System
Paying or looking up a ticket onlineMagistrate court fines, fees and court costs, including traffic tickets once they are assessed, can be paid online with a credit or debit card through the West Virginia Judiciary's payment portal by entering the case number. Restitution cannot be paid online. If you do not have your case number, call the magistrate court clerk in your county. The free Magistrate Record Search lets you look up magistrate court cases by name or case number (documents are not online).
Payment portal: https://apps.wv.gov/Courts/MFP ; record search: https://www.courtswv.gov/lower-courts/magistrate-courts/magistrate-record-search
Source: Supreme Court of Appeals of West Virginia, news release "Magistrate Court Fines, Fees Payable Online"; WV Judiciary, Magistrate Record Search

License suspension

License suspensionLicenses can be suspended or revoked for accumulating too many points or citations in a short period, DUI, driving without insurance, failure to pay any type of court action, failure to give DMV current insurance information, and fraudulent checks, among other reasons. After a points suspension, the driver applies for reinstatement with a copy of the suspension notice and pays a reinstatement fee.
Source: WV DMV, Suspension or Revocation of Your License; WV DMV, Point System
Hardship or restricted licenseAfter a DUI or test refusal, a driver may shorten the revocation by participating in the Motor Vehicle Alcohol Test and Lock Program (ignition interlock) under W. Va. Code § 17C-5A-3a.
A hardship or work license for points suspensions was not confirmed.
Source: W. Va. Code §§ 17C-5-2(e)-(f), 17C-5-7a(e)
Checking and reinstating a licenseCheck your license status online through the DMV's "Check Driver's License Status" self-service. A suspension applies even if you did not receive the notice. Paying a ticket does not by itself end a suspension: DMV may not have received proof of payment, or you may owe a reinstatement fee. After a mandatory points suspension ends, apply for reinstatement by mailing the reinstatement fee, a copy of the original suspension notice and your driver's license number to the Division of Motor Vehicles, PO Box 17030, Charleston, WV 25317; regional offices do not process reinstatements.
Status check: https://apps.wv.gov/DMV/SelfService/DrivingRecord ; points reinstatement: https://dmv.wv.gov/point-system
Source: WV DMV, FAQ; WV DMV, Point System

DUI / DWI

Legal BAC limit0.08 for drivers generally ('impaired state' includes an alcohol concentration of 0.08 or more). Drivers under 21 commit a separate offense at 0.02 or more but under 0.08.
The commercial driver limit was not confirmed.
Source: W. Va. Code § 17C-5-2(a), (j)
First-offense DUI penaltiesFirst offense (impaired, under 0.15): a misdemeanor with up to six months in jail and a fine of $100 to $500, plus license revocation for six months or a period tied to participation in the Motor Vehicle Alcohol Test and Lock (ignition interlock) Program. At 0.15 or more: two days to six months in jail (at least 24 hours actually served), a fine of $200 to $1,000, and revocation for one year or participation in the Test and Lock Program. Courts may use conditional probation under § 17C-5-2b for some first offenders.
Source: W. Va. Code § 17C-5-2(e), (f), (q)
When a DUI is a felonyIn West Virginia, DUI is a felony in these cases: (1) a 3rd or later DUI offense (two or more prior convictions within the 10-year lookback) brings 2 to 5 years in a state correctional facility and lifetime license revocation (or participation in the test-and-lock program); (2) DUI that causes serious bodily injury to another person brings 2 to 10 years; (3) DUI that causes a death brings 3 to 15 years; and (4) DUI with deliberate disregard for the safety of others that causes a death brings 5 to 30 years. For a death to be charged, it must occur within one year of the offense.
The 2026 amendments to 17C-5-2 are known as 'Baylea's Law.'
Source: W. Va. Code 17C-5-2(b)(1)-(2), (c), (m), (n)
Refusing a breath testA refusal becomes final 15 minutes after the person refuses. The court advises the person at the first appearance that the license will be revoked unless they request a refusal review hearing within 30 days. For a first refusal, the DMV revokes the license for one year, or for 45 days plus one year in the Test and Lock Program. A second refusal brings a 10-year revocation (reissue possible after five years), and a third brings lifetime revocation.
Source: W. Va. Code §§ 17C-5-7, 17C-5-7a
DUI lookback periodTen years. Prior DUI convictions (and conditional probation) for offenses within the 10 years before the current arrest count toward second and third offenses. A second offense carries six months to one year in jail; a third is a felony with two to five years.
Source: W. Va. Code § 17C-5-2(l)-(n)
How long a DUI stays on your recordAny offense of driving under the influence of alcohol or a controlled substance is excluded from expungement under West Virginia's conviction-expungement law. However, a DUI conviction that is at least 5 years old does not by itself prevent expunging an unrelated, otherwise-eligible felony. For repeat-offense penalties, prior DUI convictions count if the offense occurred within the 10 years before the current arrest.
Source: W. Va. Code 61-11-26(c)(7); 17C-5-2(n)
Sobriety checkpointsLegal and used. West Virginia's Governor's Highway Safety Program reports that sobriety checkpoints, saturation patrols and directed patrols took place throughout federal fiscal year 2025. That year, 27 sobriety checkpoints (including 3 'phantom' checkpoints) were funded with federal highway safety funds.
Source: WV Governor's Highway Safety Program, Annual Report FFY2025

Phones and distracted driving

Phone and texting lawsDrivers may not physically hold or support a phone or electronic device (smartwatches excepted); write, send, or read texts, email, or social media (voice-to-text allowed); make calls except with voice-operated or hands-free features; retrieve data or type into websites or apps; watch or record video; or play games while driving. Fines: up to $100 for a first conviction and up to $200 for a second within 24 months, rising for later offenses.
Source: W. Va. Code § 17C-14-15

Where to get help in West Virginia

Traffic Tickets & DUI FAQ

How does the driver point system work in West Virginia?
Yes. Points are assessed for traffic violations by severity, including violations anywhere in the U.S. (using the West Virginia schedule). At 6 points the driver gets a warning letter. Suspensions: 12-13 points = 30 days; 14-15 = 45 days; 16-17 = 60 days; 18-19 = 90 days; 20 or more = 120 days. Suspensions generally run consecutively, and points earned while suspended add another suspension afterward.
How long do points stay on your license in West Virginia?
Points for an infraction stay on the record for two years from the conviction date; the infraction itself stays on the record for five years.
Can traffic school remove a ticket or points in West Virginia?
Completing an approved classroom Defensive Driving Course removes 3 points (deducted from the last ticket received before the class). Online courses are not accepted. The course can be used for point reduction once every 12 months and only for points already on the record. If a 30-day suspension (12-13 points) is pending and proof of completion plus the reinstatement fee are submitted before it takes effect, the suspension is rescinded; a suspension for 14 or more points is not affected. The course does not dismiss the ticket.
How do I pay or look up a traffic ticket online in West Virginia?
Magistrate court fines, fees and court costs, including traffic tickets once they are assessed, can be paid online with a credit or debit card through the West Virginia Judiciary's payment portal by entering the case number. Restitution cannot be paid online. If you do not have your case number, call the magistrate court clerk in your county. The free Magistrate Record Search lets you look up magistrate court cases by name or case number (documents are not online).
How do I check if my license is suspended and get it reinstated in West Virginia?
Check your license status online through the DMV's "Check Driver's License Status" self-service. A suspension applies even if you did not receive the notice. Paying a ticket does not by itself end a suspension: DMV may not have received proof of payment, or you may owe a reinstatement fee. After a mandatory points suspension ends, apply for reinstatement by mailing the reinstatement fee, a copy of the original suspension notice and your driver's license number to the Division of Motor Vehicles, PO Box 17030, Charleston, WV 25317; regional offices do not process reinstatements.
What gets your license suspended in West Virginia?
Licenses can be suspended or revoked for accumulating too many points or citations in a short period, DUI, driving without insurance, failure to pay any type of court action, failure to give DMV current insurance information, and fraudulent checks, among other reasons. After a points suspension, the driver applies for reinstatement with a copy of the suspension notice and pays a reinstatement fee.
What is the legal blood alcohol limit in West Virginia?
0.08 for drivers generally ('impaired state' includes an alcohol concentration of 0.08 or more). Drivers under 21 commit a separate offense at 0.02 or more but under 0.08.
What is the penalty for a first DUI in West Virginia?
First offense (impaired, under 0.15): a misdemeanor with up to six months in jail and a fine of $100 to $500, plus license revocation for six months or a period tied to participation in the Motor Vehicle Alcohol Test and Lock (ignition interlock) Program. At 0.15 or more: two days to six months in jail (at least 24 hours actually served), a fine of $200 to $1,000, and revocation for one year or participation in the Test and Lock Program. Courts may use conditional probation under § 17C-5-2b for some first offenders.
What happens if you refuse a breathalyzer in West Virginia?
A refusal becomes final 15 minutes after the person refuses. The court advises the person at the first appearance that the license will be revoked unless they request a refusal review hearing within 30 days. For a first refusal, the DMV revokes the license for one year, or for 45 days plus one year in the Test and Lock Program. A second refusal brings a 10-year revocation (reissue possible after five years), and a third brings lifetime revocation.
How long does a DUI count as a prior offense in West Virginia?
Ten years. Prior DUI convictions (and conditional probation) for offenses within the 10 years before the current arrest count toward second and third offenses. A second offense carries six months to one year in jail; a third is a felony with two to five years.
Can you get a hardship license in West Virginia?
After a DUI or test refusal, a driver may shorten the revocation by participating in the Motor Vehicle Alcohol Test and Lock Program (ignition interlock) under W. Va. Code § 17C-5A-3a.
Is it illegal to hold your phone while driving in West Virginia?
Drivers may not physically hold or support a phone or electronic device (smartwatches excepted); write, send, or read texts, email, or social media (voice-to-text allowed); make calls except with voice-operated or hands-free features; retrieve data or type into websites or apps; watch or record video; or play games while driving. Fines: up to $100 for a first conviction and up to $200 for a second within 24 months, rising for later offenses.
Is a DUI a felony in West Virginia?
In West Virginia, DUI is a felony in these cases: (1) a 3rd or later DUI offense (two or more prior convictions within the 10-year lookback) brings 2 to 5 years in a state correctional facility and lifetime license revocation (or participation in the test-and-lock program); (2) DUI that causes serious bodily injury to another person brings 2 to 10 years; (3) DUI that causes a death brings 3 to 15 years; and (4) DUI with deliberate disregard for the safety of others that causes a death brings 5 to 30 years. For a death to be charged, it must occur within one year of the offense.
How long does a DUI stay on your record in West Virginia?
Any offense of driving under the influence of alcohol or a controlled substance is excluded from expungement under West Virginia's conviction-expungement law. However, a DUI conviction that is at least 5 years old does not by itself prevent expunging an unrelated, otherwise-eligible felony. For repeat-offense penalties, prior DUI convictions count if the offense occurred within the 10 years before the current arrest.
Are DUI checkpoints legal in West Virginia?
Legal and used. West Virginia's Governor's Highway Safety Program reports that sobriety checkpoints, saturation patrols and directed patrols took place throughout federal fiscal year 2025. That year, 27 sobriety checkpoints (including 3 'phantom' checkpoints) were funded with federal highway safety funds.

Traffic Tickets & DUI in other states

More West Virginia law

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.