West Virginia DUI Laws

In the state of West Virginia you will be charged with Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First West Virginia DUI Offense

• Up to 6 months imprisonment
• 2 days to 6 months imprisonment if BAC is above 0.15%
• 2 days to 1 year if minor under 16 is present in vehicle
• $100 to $500 fine
• $100 to $1000 if BAC is above 0.15%
• $200 to $1000 if minor under 16 is present in vehicle
• 15-day license suspension
• 45-day license suspension if BAC is above 0.15%
• Possible ignition interlock

Second West Virginia DUI Offense

• 6 months to 1 year imprisonment
• $1000 to $3000 fine
• 1-year license suspension
• Ignition interlock

Third West Virginia DUI Offense

• Felony offense
• 1 to 3 year(s) imprisonment
• $3000 to $5000 fine
• 1-year license suspension
• Ignition interlock

West Virginia’s implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license will be suspended for one year. Subsequent refusals will result in longer suspensions and harsher penalties than an actual DUI conviction.