West Virginia DUI Laws: Penalties, BAC & License (2026)

In West Virginia the offense is called driving under the influence (DUI), and West Virginia Code 17C-5-2 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more by weight. A first DUI is a misdemeanor punishable by up to six months in jail, a fine of $100 to $500, and a six-month license revocation, which a driver can usually shorten through the Motor Vehicle Alcohol Test and Lock Program.

This guide is part of our DUI Laws by State series.

What counts as a DUI in West Virginia

West Virginia's DUI statute, Code 17C-5-2, defines the offense two ways. A person can be convicted for driving while under the influence of alcohol, controlled substances, or drugs, or under the per se rule for driving with a BAC of 0.08 percent or more by weight. Because the impairment theory does not require a specific number, a driver under 0.08 can still be charged if the alcohol or drugs impaired the ability to drive. The statute treats a reading of 0.15 percent or more as an aggravated DUI with stiffer penalties. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under a zero-tolerance rule that makes it unlawful to drive with a BAC of 0.02 percent or more but less than 0.08 percent. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration explains.

First-offense DUI penalties in West Virginia (jail, fines, revocation)

A first DUI under Code 17C-5-2 is a misdemeanor. According to the statute, a non-aggravated first offense carries up to six months in jail and a fine of not less than $100 nor more than $500, with no mandatory minimum jail term. If the BAC was 0.15 percent or more, the offense becomes an aggravated first DUI, raising the penalty to not less than two days in jail with at least 24 hours of actual confinement, a fine of $200 to $1,000, and a longer revocation. The court can place a driver on probation in place of most jail time, and conditions typically include a safety and treatment program. On conviction, the Commissioner of the Division of Motor Vehicles revokes the driving privilege, and the driver must complete the substance abuse evaluation and any required treatment before reinstatement.

Watch out: West Virginia no longer runs a separate DMV revocation case based on the arrest. Code 17C-5A-2, which created that administrative hearing, is repealed. Under Code 17C-5-2 the Commissioner of the Division of Motor Vehicles revokes the license upon conviction, so the criminal case decides the license outcome. The one separate proceeding is the refusal review hearing, and it is held in court under Code 17C-5-7a.

Ignition interlock requirements in West Virginia

West Virginia channels most first offenders into the Motor Vehicle Alcohol Test and Lock Program rather than a flat license loss. Under Code 17C-5A-3a, a first offender with a BAC under 0.15 percent who enters the program serves a minimum 15-day revocation and then drives on an ignition interlock device for a minimum of 125 days. The device requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading. Aggravated and repeat offenders face longer interlock periods. The test and lock pathway lets eligible drivers keep driving for work and daily life on a restricted basis, but it requires completing a substance abuse evaluation and the safety and treatment program. For many first offenders the program is the practical route back to legal driving.

License revocation and the administrative process in West Virginia

West Virginia ties the license revocation to the criminal conviction rather than to the arrest. Under Code 17C-5-2, the Commissioner of the Division of Motor Vehicles revokes the license upon conviction: six months for a first non-aggravated DUI under subsection (e), and one year for an aggravated first offense at 0.15 percent or more under subsection (f). The former separate DMV revocation hearing under Code 17C-5A-2 is repealed, and under Code 17C-5A-1 the Commissioner submits the driving record to the court with jurisdiction over the criminal offense instead of opening a case of its own. A driver who enrolls in the Motor Vehicle Alcohol Test and Lock Program can cut the revocation to as little as 15 days followed by the interlock period under Code 17C-5A-3a, which sets the test and lock minimums. To reinstate, the driver must serve the revocation or complete the program, finish the substance abuse evaluation and treatment, and pay reinstatement fees.

Repeat offenses and the West Virginia look-back period

West Virginia counts prior DUIs within a 10-year look-back window, so penalties escalate for offenses inside that period. A second DUI within 10 years carries enhanced jail exposure and a longer revocation, and a third or subsequent conviction is a felony. Under Code 17C-5-2, a felony DUI carries a mandatory prison term of not less than two nor more than five years, a fine of $3,000 to $5,000 that the court may impose in its discretion, and a lifetime revocation that may be served through the test and lock program. The felony threshold is therefore the third offense. A DUI that causes death or serious bodily injury is charged more severely regardless of offense number, including DUI causing death, which carries its own felony prison term. Aggravated readings of 0.15 percent or more raise the penalties at each level.

Watch out: Refusing the chemical test does not protect your license and usually makes it worse. A first refusal carries a one-year revocation, reducible to 45 days only by entering the test and lock program, but that path still requires an additional mandatory year on the ignition interlock, longer than the standard six-month DUI revocation.

Refusing a breath or blood test in West Virginia

West Virginia's implied consent law is Code 17C-5-4, titled "Implied consent to test," which provides that any person who drives a motor vehicle in the state is considered to have given consent to a preliminary breath analysis and a secondary chemical test of blood or breath. Code 17C-5-7 covers the refusal itself, including the officer's warnings and the 15-minute window in which a driver may retract a refusal. Under Code 17C-5-7a, a first refusal results in a one-year revocation, which the Commissioner imposes after a court order finding the refusal and which can be reduced to a 45-day revocation through the Motor Vehicle Alcohol Test and Lock Program, followed by a mandatory additional year of ignition interlock use under Code 17C-5A-3a. A second refusal results in a 10-year revocation, with possible reissuance after five years, and a third or later refusal results in a lifetime revocation. Because the first refusal revocation is longer than the standard DUI revocation, refusing rarely helps. The refusal review hearing is held in the court handling the criminal charge, not at the DMV, and Code 17C-5-7a(c)(1) gives the driver 30 days following his or her first appearance before the court to request it. The statute adds that its provisions do not make the Division of Motor Vehicles a party to a refusal review proceeding.

Can you expunge or seal a DUI in West Virginia

West Virginia offers a path that few states match for a true first offense. Under the deferral program in Code 17C-5-2b, a first-time offender charged under Code 17C-5-2(e) with a BAC under 0.15 percent, who does not hold a commercial license, can ask the court to defer judgment, complete probation including the Motor Vehicle Alcohol Test and Lock Program, and then move to dismiss and expunge the charge. The driver must notify the court within 30 days of arrest of the intent to participate. After at least one year following probation, the person may apply to expunge all official records except those kept by the DMV. There is only one deferral per person, and a second DUI within 10 years still counts as a second offense for enhancement. A standard DUI conviction outside the deferral program is generally not expungeable.

What to do after a DUI arrest in West Virginia

In West Virginia the license consequences now run through the criminal case rather than through a separate DMV proceeding, because the Commissioner revokes upon conviction. The one deadline that stands apart applies if you refused the secondary chemical test: under Code 17C-5-7a the refusal review hearing must be requested within 30 days following your first appearance before the court. The criminal case moves on its own schedule from arraignment through resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. If you refused the test or want the deferral program, get a free consultation from a West Virginia DUI lawyer on the 30-day deadline that applies to each (attorney advertising). Keep the arrest paperwork, any court notices, and any test results in a safe place.

More West Virginia Laws

• West Virginia Expungement Laws
• West Virginia Warrant Search

Frequently Asked Questions

What is the BAC limit in West Virginia?

The per se limit is 0.08 percent BAC under Code 17C-5-2. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent zero-tolerance rule. A reading of 0.15 percent or more is an aggravated DUI with stiffer penalties.

How long do you lose your license for a first DUI in West Virginia?

A first non-aggravated DUI carries a six-month revocation, imposed by the Commissioner of the Division of Motor Vehicles upon conviction under Code 17C-5-2(e), or one year if the BAC was 0.15 percent or more. A driver who enters the Motor Vehicle Alcohol Test and Lock Program can serve as little as a 15-day revocation followed by 125 days on an ignition interlock device.

Is a first DUI a felony in West Virginia?

No. A first DUI is a misdemeanor. Under Code 17C-5-2, a third DUI conviction is a felony carrying a mandatory two to five years in prison, with a fine of $3,000 to $5,000 the court may impose in its discretion. A DUI causing death or serious injury is charged more severely regardless of offense number.

Do you need an interlock for a first DUI in West Virginia?

Most first offenders use the Motor Vehicle Alcohol Test and Lock Program, which requires an ignition interlock device for a minimum of 125 days after a 15-day revocation. The program lets eligible drivers keep driving on a restricted basis instead of serving the full revocation.

What happens if you refuse a breathalyzer in West Virginia?

Under the implied consent rule in Code 17C-5-4 and the refusal provisions in Code 17C-5-7 and 17C-5-7a, a first refusal of the secondary chemical test results in a one-year revocation ordered after a court finds the refusal, reducible to a 45-day revocation followed by a mandatory additional year on the ignition interlock through the test and lock program. A second refusal brings a 10-year revocation and a third a lifetime revocation.

How long does a DUI stay on your record in West Virginia?

A DUI counts as a prior for 10 years under the look-back period and stays on the criminal record indefinitely unless expunged. A true first offense under 0.15 percent can be dismissed and expunged through the deferral program in Code 17C-5-2b after completing probation.

Can you get a DUI expunged in West Virginia?

Yes, in limited cases. A first-time offender under 0.15 percent who completes the deferral program under Code 17C-5-2b can apply to expunge all records except those kept by the DMV at least one year after probation. There is only one deferral per person, and a standard conviction is generally not expungeable.

What is the look-back period for DUI in West Virginia?

West Virginia uses a 10-year look-back period. Prior DUI convictions within 10 years count toward second-offense and felony status under Code 17C-5-2, and a third offense within that window is a felony.