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West Virginia DUI Laws
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
Drinking and Driving Laws in West Virginia
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.
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