DUI Laws 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.

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.

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.

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.

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.

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.

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.