West Virginia DUI Laws

In West Virginia, driving under the influence is a serious crime that carries a 6-month license suspension for a first offense and jail time. In order to have your license reinstated, the state requires successful completion of an alcohol safety and treatment program for all offenses. West Virginia’s DUI laws appear to be saving lives. Only a handful of other states have lower fatal alcohol-related crash rates. In 2007, West Virginia had a total of 408 fatal accidents on its roads—less than half were alcohol-related. Illinois, Georgia, and even Arizona’s rates were more than double the rate of West Virginia’s.

What is the blood alcohol content level (BAC) limit in the state of West Virginia?

In the state of West Virginia, it is a crime to operate a motor vehicle with a blood alcohol content level (BAC) of 0.08% or higher. For minors, the minimum BAC is 0.02% or zero tolerance, and for commercial drivers the minimum BAC is 0.04%.

In the state of West Virginia what is the administrative license suspension period for a first offense?

In the state of West Virginia, if you get arrested for DUI, the administrative license suspension time for a first offense is 6 months. During the 6-month suspension period, the driver may apply for a limited license after 30 days.

In the state of West Virginia, what are the penalties for a first DUI offense? Second offense?

A first drunk driving conviction in West Virginia carries a penalty of up to 1-180 days in jail and a $100-$500 fine. Your license will be suspended for up to 6 months and you will be ordered to complete an alcohol safety and treatment program. A second offense carries a jail sentence of 6-12 months, $1,000-$3,000 fine, completion of a court-ordered alcohol treatment program, and license suspension for up to 10 years. Third offenses carry a 1-3 year jail sentence, $3,000-$5,000 in fines, interlock, and license suspension for no less than 12 months.