The penalties and administrative sanctions imposed in a first DUI in West Virginia hinge entirely on the case-specific nature of each individual DUI case, especially regarding the BAC of the offender at the time of arrest.
A second DUI in West Virginia within 10 years is considered a misdemeanor unless there are aggravating circumstances such as serious injuries. Note that even if your prior DUI is from another state, West Virginia will consider it a second offense and punish accordingly.
Sobriety checkpoints are legal in West Virginia (see 460 S.E.2d 48 (W.Va. 1995). They are constitutional when conducted with in predetermined guidelines.). These checkpoints (also referred to as "mobile checkpoints" or "roadblocks") are police traffic stops that are not tied to any specific or individual suspicions.