West Virginia DUI Laws – 1st Offense
First offense results in a driver’s license suspension of 15 days (45 days with BAC .15% or greater), fines from $100-$500 ($200-$1,000 with child under 16 in vehicle, $100-$1,000 with BAC .15% or greater), and a jail term of up to 6 months (from 2 days to 6 months with BAC .15% or greater, from 2 days to 12 months with child under 16 in vehicle). Court may order an Ignition Interlock device.
West Virginia DUI Laws – 2nd Offense
Second offense results in a driver’s license suspension of 1 year, fines from $1,000-$3,000, and a jail term from 6-12 months. Court will order an Ignition Interlock device.
West Virginia DUI Laws – 3rd Offense
Third offense is considered a Felony and results in a driver’s license suspension of 1 year, fines from $3,000-$5,000, and a jail term from 1-3 years. Court will order an Ignition Interlock device.
West Virginia DUI Laws – Implied Consent Laws
Anyone driving a vehicle in West Virginia has given implied consent to submit to a BAC test. First refusal results in up to a 1 year license suspension. Second and subsequent refusals result in harsher penalties than actual DUI convictions.
West Virginia DUI Laws – “Per se” BAC Level
The per se BAC level in West Virginia is .08% meaning anyone driving a vehicle with a BAC of .o8% or over can be charged with dui regardless of driving performance.
West Virginia DUI Laws – “Zero Tolerance” BAC Level
The zero tolerance BAC level in West Virginia is .o2%. Anyone under the age of 21 driving with a BAC of .02% or greater can be charged with DUI.
West Virginia DUI Laws – “Enhanced Penalty” BAC Level
There are enhanced penalties for first time DUI offenders in Virginia for a BAC greater than .15%, and having a passenger under 16 in the car at time of offense.
