West Virginia DUI State Law

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West Virginia DUI Laws

West Virginia Implied Consent
1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties

In West Virginia, DUI laws can be very limiting. You do not have unlimited time to prepare a case to hear before a judge. In fact, it is imperative that you file a petition as quickly as possible to avoid losing your license. Hiring a West Virginia DUI lawyer is a critical move that can help you to fight these charges.

West Virginia Blood Alcohol Concentration Laws

If you are pulled over by a police officer, they will arrest you for driving under the influence if there is any "common law" evidence of your impairment. This includes your driving pattern, your failed sobriety tests and even your appearance (blood shot eyes, smell of alcohol). This information is also used as evidence in a trial.

In addition, you may be required to take a chemical test, of your blood, breath, or urine, to determine if you are in fact impaired. A blood alcohol concentration of .08 percent or higher is a violation and you will be charged with DUI. West Virginia does not have an enhanced penalty for those with a high BAC.

Implied Consent Laws

West Virginia has implied consent laws. This means that everyone who drives on the roadways in the state is implying the agree to take a chemical test if a police officer requests one to determine their level of intoxication. Failure to take this test will result in the automatic suspension of your driver's license for 1 year, at least.

1st DUI Offense

A first offense is likely to result in the following West Virginia DUI penalties:

  • 24 hours up to 6 months in jail
  • Fine of $100 up to $500
  • Driver's license suspension of 6 months
  • Complete a safety and treatment program before you can get your license back
  • Misdemeanor charge

2nd DUI Offense

A second offense occurs when you commit a second DUI within a 10 year period of a first. West Virginia's look back period is 10 years.

  • 6 months in jail, up to 1 year
  • Fines of $1000 up to $3000
  • Driver's license revoked up to 10 years or 1 year suspension followed by a mandatory ignition interlock installed
  • Safety and treatment program completion is required before you can get your driver's license back
  • Charged with a misdemeanor

3rd DUI Offense

A third offense of DUI laws in 10 years will result in the following DUI penalties:

  • 1 to 3 years in jail
  • Fines up to $5000
  • Lifetime revocation of your driver's license, or 1 year revocation followed by lifetime ignition interlock device program
  • Safety and treatment program completion
  • Charged with a misdemeanor

Hire a West Virginia DUI Lawyer

There is no reason to fight your DUI charges alone. In fact, if you want to increase your chances of getting your charges dropped or reduced, it is best to hire a West Virginia DUI lawyer to fight your charges for you. They may be able to get fines reduced, jail time reduced and driver's license suspensions reduced.

Contact West Virginia Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in West Virginia:

  • Barboursville
  • Beckley
  • Bluefield
  • Bridgeport
  • Buckhannon
  • Charles Town
  • Charleston
  • Clarksburg
  • Elkins
  • Elkview
  • Fairmont
  • Grafton
  • Harpers Ferry
  • Huntington
  • Hurricane
  • Keyser
  • Logan
  • Martinsburg
  • Morgantown
  • Moundsville
  • Oak Hill
  • Parkersburg
  • Princeton
  • Saint Albans
  • Vienna
  • Weirton
  • Wellsburg
  • Wheeling
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