West Virginia DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

West Virginia calls the offense DUI — Driving Under the Influence — under W. Va. Code §17C-5-2. A DUI arrest in West Virginia triggers two separate processes: a criminal case in magistrate or circuit court, and an administrative license revocation by the WV DMV. They run on different timelines, and a driver can win one and lose the other.

The legal threshold

West Virginia DUI thresholds:

Adults 21+: 0.08% BAC.
Aggravated DUI: 0.15% BAC or higher.
Drivers under 21: 0.02% BAC — see the under-21 conduct rules in Level 2 Intermediate License.
Commercial drivers (CDL): 0.04% BAC.
Drugs or impairing substances: no per-se threshold; impairment is established through officer observation, Standardized Field Sobriety Tests, and Drug Recognition Expert evaluations.

West Virginia allows convictions on either the per-se BAC or on impairment evidence alone.

Administrative revocation timeline

After a DUI arrest where the BAC was 0.08% or higher (or the driver refused chemical testing), the arresting officer typically confiscates the driver's license on the spot. The WV DMV then issues an administrative revocation with a 30-day temporary driving permit. The driver has 30 days from the date of the notice to request an administrative hearing before the WV Office of Administrative Hearings. If no hearing is requested, the revocation takes effect on day 31:

6-month revocation for a first DUI without aggravators.
1-year revocation for an aggravated DUI (BAC 0.15% or higher).
1-year revocation for a chemical-test refusal first offense.
Longer for repeat offenders or DUI with bodily injury.

First-offense criminal penalties

A first West Virginia DUI is a misdemeanor under §17C-5-2, carrying:

24 to 72 hours in jail (often suspended on first offenses without aggravators if the driver completes treatment).
A fine of $100 to $500, plus court costs.
A criminal license suspension that runs concurrently with the administrative revocation.
Mandatory completion of a state-approved Safety and Treatment Program after a substance-use evaluation.
Possible enrollment in the Test & Lock ignition interlock program for early restricted-license eligibility.
SR-22 financial responsibility filing for 3 years from the reinstatement date — see West Virginia car insurance.

Aggravated DUI

A DUI is "aggravated" under §17C-5-2 when the BAC is 0.15% or higher. Aggravated DUI carries:

2 days to 6 months in jail.
A fine of $200 to $1,000.
1-year license revocation administered by the WV DMV.
Mandatory installation of an ignition interlock device through the Test & Lock program.

Implied consent and chemical-test refusal

West Virginia's implied consent law requires every driver to submit to chemical testing — breath, blood, or urine — when arrested for DUI. Refusing the test triggers an automatic administrative license revocation:

1-year revocation for a first refusal.
10-year revocation for a second or subsequent refusal.

The administrative revocation runs separately from any criminal-court suspension and applies even if the criminal case is dismissed. The driver has 30 days to request a hearing.

The Test & Lock program

West Virginia's Test & Lock ignition interlock program lets drivers convicted of DUI obtain a restricted license earlier than the full revocation period would otherwise allow. Under Test & Lock:

A first-offense DUI driver can apply for a restricted license after a portion of the revocation period (typically 30-90 days) by installing an IID.
The IID is installed at the driver's expense (about $70-$120 per month plus a $100-$150 install fee).
Failed tests are reported to the WV DMV and can extend the revocation period.
Successful completion of Test & Lock substantially reduces the total time without driving privileges.

Most first-time DUI offenders in West Virginia choose Test & Lock as the standard path back to the road.

Repeat offenses

A second DUI within 10 years of a first conviction carries a 10-year license revocation, mandatory minimum jail time, and mandatory IID. A third DUI within 10 years is a felony — up to 3 years in state prison, lifetime license revocation, and lifetime IID requirement on any future restricted license. West Virginia's lookback period for DUI enhancement is 10 years from the date of the prior conviction.

Open container and DUI causing injury

West Virginia's open-container law is a separate misdemeanor with a fine. DUI causing serious bodily injury is a felony under §17C-5-2(c), with substantially enhanced penalties including state prison time. DUI causing death is a felony under §17C-5-2(d) carrying 3 to 15 years in state prison. See suspended license for the reinstatement framework after any DUI conviction.