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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.