It is illegal in the State of West Virginia to drive with a blood alcohol concentration (BAC) of .08 or above. The .08 percent BAC limit is the standard measurement used across the United States for the "impaired" driver. The State of West Virginia has lower BAC limits for commercial drivers (.04) and drivers under the age of 21 (.02) or Zero Tolerance. The West Virginia DUI law also prohibits the operation of a motor vehicle by drivers under the influence of controlled substances such as narcotics, inhalants and other intoxicants.

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The first time you are arrested and convicted of drunk driving in the State of West Virginia you will be sentenced to jail for 24 hours or up to 6 months. You will also receive a fine of $100 or up to $500. Your drivers license will be suspended up to 6 months and you must successfully complete a safety and treatment program before your drivers license will be reinstated.

The second time you are convicted of a DUI in West Virginia you will spend 6 months in jail or up to 1 year in jail. You will also be fined $1,000 or up to $3,000. Your drivers license could be revoked up to 10 years or your drivers license will be suspended for 1 year followed by a mandatory ignition interlock program. Also, you must successfully complete a safety and treatment program before your drivers license will be reinstated.

The 3rd drunk driving conviction in West Virginia will cost you from 1 to 3 years in jail and you will be fined from $3,000-$5,000. You will also face a lifetime revocation of your drivers license or a 1 year revocation followed by mandatory participation in an ignition interlock device program. You must also successfully complete a safety and treatment program before your drivers license will be reinstated.

2008 Changes in the West Virginia Drunk Driving Laws

In 2008 the Governor has signed one bill dealing with DUI Legislation. The bill is Senate Bill 535, DUI Penalties. This is the Summary: Relates to modifications to administrative and criminal penalties for driving a motor vehicle under the influence of alcohol or drugs. Please CLICK HERE to Read the Bill

How many drinks does it take to reach the legal limit in West Virginia?

It is difficult to calculate how many drinks it takes any individual to reach the .08 BAC limit. There are many factors that contribute to an individuals BAC level including weight, sex, body-fat percentage and the time interval between drinks. Studies have show that a persons BAC could go up as much as .05 percent for each drink taken. There are charts and calculators that can serve as a reference, however, these tools do not take all variables into consideration when calculating your BAC score.

The best answer is not to drink and drive . The State of West Virginia has strict laws for drunk driving, and when you drink and drive in West Virginia, you risk your freedom, finances and your future.

Drunk Driving Laws in West Virginia

State of West Virginia BAC Laws:

All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in West Virginia

The implied consent law in West Virginia says that all drivers in the State of West Virginia have given their consent to a chemical test of their blood, breath or urine if an officer of the law suspects that the driver is under the influence of drugs, alcohol or both. If you refuse to submit to such a test your drivers license will be revoked up to 1 year on your first offense. Subsequent refusals will bring harsher penalties that are equal or greater than a actual DUI conviction.

State of West Virginia Driver Manual - More DUI Information

Other West Virginia Information on this Website

West Virginia Teen Driving Laws and Insurance Requirements

West Virginia Cell-Phone Law for Minors

DUI Laws in West Virginia

West Virginia Drunk Driving Fines & Penalties

First West Virginia DUI Offense

1st Drunk Driving Conviction

Jail – Up to 6 Months Jail – From 2 Days to 6 Months (Blood Alcohol Level .15 or Above) Jail – From 2 Days to 12 Months (Minor Under 16 in Vehicle)

Fine – From $100 to $500 Fine – From $100 to $1,000 (Blood Alcohol Level .15 or Above) Fine – From $200 to $1,000 (Minor under 16 in Vehicle)

License Suspension – 15 Days License Suspension – 45 Days (Blood Alcohol Level .15 or Above) Ignition Interlock Possible

Second West Virginia DUI Offense

2nd Drunk Driving Conviction

Jail – From 6 Months to 12 Months Fine – From $1,000 to $3,000

License Suspension – 1 Year Ignition Interlock Required

Third West Virginia DUI Offense

3rd Drunk Driving Conviction

Felony Offense Jail – From 1 Year to 3 Years Fine – From $3,000 to $5,000

License Suspension – 1 Year Ignition Interlock Required

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Drinking and Driving Laws in West Virginia

2008 Changes in the West Virginia Drunk Driving Laws

Drunk Driving Laws in West Virginia

State of West Virginia BAC Laws:

All drivers with a BAC of .08 or higher. Under 21 with a BAC of .02 or higher. Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in West Virginia

Other West Virginia Information on this Website

Jail – Up to 6 Months
Jail – From 2 Days to 6 Months (Blood Alcohol Level .15 or Above)
Jail – From 2 Days to 12 Months (Minor Under 16 in Vehicle)

Fine – From $100 to $500
Fine – From $100 to $1,000 (Blood Alcohol Level .15 or Above)
Fine – From $200 to $1,000 (Minor under 16 in Vehicle)

License Suspension – 15 Days
License Suspension – 45 Days (Blood Alcohol Level .15 or Above)
Ignition Interlock Possible

Jail – From 6 Months to 12 Months
Fine – From $1,000 to $3,000

License Suspension – 1 Year
Ignition Interlock Required

Felony Offense
Jail – From 1 Year to 3 Years
Fine – From $3,000 to $5,000

License Suspension – 1 Year
Ignition Interlock Required

All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.