West Virginia First Offense DUI Laws

DUI laws and penalties, fines, license suspension, sr22 filing

The State of West Virginia enforces an Implied Consent Law. This law states that a driver must provide a blood or breath sample to law enforcement if law enforcement suspects he or she has been drinking. If a driver refuses to provide a sample, his or her driver's license will be revoked for at least one year and up to life.

If a blood test or breathalyzer indicates that a driver's bodily alcohol content (BAC) is higher than 0.05, this can be used as evidence that driving was impaired. If the BAC is 0.08 or higher, this is evidence of driving under the influence (DUI).

If you have been arrested for an alcohol-related driving offense, you should contact an experienced West Virginia DUI lawyer immediately. West Virginia law is complex. You will face both criminal penalties and administrative sanctions. A DUI conviction can cost thousands of dollars, and a skilled DUI lawyer can save you lots of money. Also, a lawyer who specializes in DUI law knows how to make sure you are treated fairly throughout the process.

West Virginia First Offense Penalties (Administrative and Criminal):



Penalties for a first offense DUI include:

  • $100 to $500 in fines.
  • Up to 6 months in jail.
  • 90 days driver's license revocation (Can be reduced to 15 days with ignition interlock).
  • Safety and Treatment Program.

Before the DMV will reinstate your driver's license you will need to complete an SR22 filing with them. You can obtain your SR22 insurance policy and filing by entering your zip code below and completing the short form on the following page:



Penalties for a first offense Aggravated DUI with a BAC of 0.15 or higher include:

  • $200 to $1000 in fines.
  • 2 days to 6 months in jail.
  • At least 45 days driver's license revocation.
  • Safety and Treatment Program.
  • Mandatory ignition interlock requirement (Alcohol Test and Lock Program).

Penalties for a first offense DUI with Child Endangerment (having a child in the vehicle at the time of the arrest) include:

  • $200 to $1000 in fines.
  • 24 hours to 12 months in jail.
  • 6 month driver's license revocation (can be reduced to 60 days with ignition interlock).
  • Safety and Treatment Program.

Penalties for a first offense DUI that resulted in bodily injury to someone else include:

  • $200 to $1000 in fines.
  • 24 hours to 12 months in jail.
  • 12 month driver's license revocation (can be reduced to 60 days with ignition interlock).
  • Safety and Treatment Program.

West Virginia and SR22 Insurance:

SR22 insurance is a high risk insurance that many states require of DUI offenders. West Virginia is not one of these states. There is no SR22 insurance requirement in West Virginia. However, a DUI offense can still cause your auto insurance rates to rise. The only exception would be if you received a DUI in another state which does require a DUI offender to maintain an SR22 filing, then you would need to have a filing with the state.





Additional West Virginia DUI Resources

  • West Virginia DUI Laws - A complete overview of West Virginia DUI laws including fines, jail time and penalties for each offense.

  • West Virginia SR22 Insurance -  Learn everything you need to know about West Virginia SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your WV SR22 insurance.

  • West Virginia DUI Lawyers -   Contact one of our West Virginia DUI lawyers today.