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. Separately, the West Virginia DMV takes administrative action against the driving privilege, and the driver must complete the substance abuse evaluation and any required treatment before reinstatement.

Watch out: The DMV revocation runs on a separate track from the criminal case. You can resolve the criminal charge and still lose your license through the DMV, and you generally must request a DMV hearing promptly after the notice of revocation to contest it.

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 runs two proceedings at once. The criminal case decides guilt and the jail or fine, while the DMV separately revokes the driving privilege based on the arrest. As reflected in Code 17C-5A-3a and the DMV's procedures, a first non-aggravated DUI carries a six-month revocation, and an aggravated first offense at 0.15 percent or more carries a one-year revocation. 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. The arresting officer reports the result to the DMV, which issues the order of revocation, and the driver has a limited window to request an administrative hearing. 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 is punishable by not less than two nor more than five years in prison, a fine of $3,000 to $5,000, 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, longer than the standard six-month DUI revocation.

Refusing a breath or blood test in West Virginia

West Virginia's implied consent law, in Code 17C-5-7, provides that by driving in the state you have agreed to a secondary chemical test of blood or breath if lawfully arrested for DUI. Under Code 17C-5-7a, a first refusal results in a one-year administrative revocation, which can be reduced to 45 days only through the Motor Vehicle Alcohol Test and Lock Program. 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 driver must request a refusal review hearing within the statutory window after being advised of the revocation.

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

A West Virginia DUI creates two separate matters: a criminal case in court and an administrative license case at the DMV. The deadlines are short, so a common first step is to act quickly on the DMV revocation notice, because missing the hearing window generally means the revocation takes effect automatically. 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. Many people consult a licensed West Virginia DUI attorney to understand the charge, the test and lock and deferral options, and the deadlines for both the court case and the license case. Keep the arrest paperwork, the revocation notice, and any test results in a safe place.