West Virginia DUI Laws and the Penalties for a Conviction

Driving under the influence (DUI) of alcohol or drugs is a criminal offense in West Virginia. The penalties for a DUI conviction depend primarily on the number of prior convictions. This article covers the basics of West Virginia's DUI laws (including important definitions) and the consequences for a first, second, and third DUI conviction.

West Virginia's DUI Laws

West Virginia prohibits anyone from driving while being in an "impaired state." An impaired state includes anyone:

• with a blood alcohol concentration (BAC) of .08% or more, or
• under the influence of drugs, alcohol, or any impairing substance, or a combination of drugs, alcohol, or impairing substances.

(W. Va. Code § 17C-5-2 (2025).)

The BAC limit is reduced to .04% if the licensee is driving a commercial vehicle and is reduced to .02% for drivers who are younger than 21 years old. However, offenders younger than 21 (with a BAC of .02% or more but less than .08%) face reduced fines and jail time as compared to a regular DUI (see below for more information about underage DUIs). (W. Va. Code §§ 17C-5-2, 17E-1-14 (2025).)

First DUI Penalties—Misdemeanor

The ranges of allowable penalties depend, in large part, on how many prior convictions the offender has within the last 10 years. Convictions that are older than that aren't counted.

A first DUI in 10 years is a misdemeanor, and the driver will generally face:

• up to 6 months in jail (with a minimum of 2 days with a BAC of at least .15%)
• $100 to $500 in fines ($200 to $1,000 with a BAC of at least .15%), and
• a 6-month license revocation (1-year revocation with a BAC of at least .15%).

A court also may order probation as a condition of its sentence. (W. Va. Code § 17C-5-2 (2025).)

Second DUI Penalties—Misdemeanor

A second DUI in 10 years, like a first offense, is a misdemeanor. For a second DUI, the driver generally faces:

• 6 months to 1 year in jail
• $1,000 to $3,000 in fines, and
• a 10-year license revocation.

A court also may order probation as a condition of its sentence. (W. Va. Code § 17C-5-2 (2025).)

Third DUI Penalties—Felony

Unlike first and second DUIs, a third DUI in 10 years is considered a felony. For a third DUI, the driver generally faces:

• 2 to 5 years in jail
• $3,000 to $5,000 in fines, and
• a lifetime license revocation.

A court also may order probation as a condition of its sentence. (W. Va. Code § 17C-5-2 (2025).)

Felony Charges for DUIs Involving Injuries and Deaths

When a DUI involves serious bodily injury to another person, it is a felony and carries 2 to 10 years in prison, $1,000 to $3,000 in fines, and a 10-year license revocation. (W. Va. Code § 17C-5-2 (2025).)

A DUI that causes the death of another person is also a felony. Convicted motorists are looking at 3 to 15 years in prison, $1,000 to $3,000 in fines, and a 10-year license revocation. (W. Va. Code § 17C-5-2 (2025).)

The Motor Vehicle Alcohol and Drug Test and Lock Program

West Virginia has a Motor Vehicle Alcohol and Drug Test and Lock Program that allows a person subject to a license revocation for DUI to avoid much of the revocation period by installing an ignition interlock device (IID). (W. Va. Code § 17C-5-2 (2025).)

For instance, a person convicted of a first DUI with a BAC under .15% will have the revocation reduced to 15 days, followed by a 125-day IID requirement. A person convicted of a first DUI with a BAC of .15% or greater will have the revocation reduced to 45 days with a 270-day IID requirement. Drivers convicted of second and subsequent DUIs may also have their revocation periods reduced through the program. (W. Va. Code § 17C-5A-3a (2025).)

Additionally, successful completion of the Motor Vehicle Alcohol and Drug Test and Lock Program can actually result in a DUI dismissal for those with no prior DUIs. (W. Va. Code § 17C-5-2b (2025).)

Implied Consent, Refusal, and Administrative Sanctions

West Virginia's "implied consent" laws require all drivers lawfully arrested for a DUI to submit to a blood or breath test. (W. Va. Code § 17C-5-4 (2025).)

If the driver was placed under arrest and refused to submit to the officer's request for a BAC test, the driver's license will be revoked according to the following table.

(W. Va. Code § 17C-5-7a (2025).)

Instead of a 1-year revocation, a first offender may reduce the revocation to 45 days by entering the Motor Vehicle Alcohol and Drug Test and Lock Program. Second offenders may also be able to reduce the revocation to five years through that program. (W. Va. Code § 17C-5-7a (2025).)

Underage DUI Laws and Penalties

A driver who's younger than 21 years old who operates a vehicle with a BAC of .02% to .08% can be convicted of an underage DUI. (W. Va. Code § 17C-5-2 (2025).)

A first-offense underage DUI is a misdemeanor and carries a $25 to $100 fine as well as a 60-day license suspension. A second underage offense is also a misdemeanor but carries $100 to $500 in fines and 24 hours in jail. For a second offense, the driver's license will also be suspended for 1 year or until the driver is 21 (whichever is longer). (W. Va. Code § 17C-5-2 (2025).)

Plea Bargaining and Getting Help From an Attorney

A DUI charge in West Virginia can result in serious penalties. However, there are possibilities of deferring the conviction, reducing penalties, and possibly pleading to a lesser "wet reckless" charge. If you are charged with a DUI, it's best to consult with a qualified DUI lawyer about your options.