West Virginia DUI Laws & Penalties

West Virginia DUI

West Virginia DUI involves (2) separate actions against you; 1 criminal and 1 administrative. Most are familiar with the criminal proceedings where fines, jail, probation and other harsh punishments are at stake. But a lesser known charge against you is where the WV DMV will attempt to automatically suspend your driving privileges. It is important that you act quickly to prevent this DMV suspension by requesting a hearing within the specified amount of time. Contact a qualified West Virginia DUI lawyer to properly request this hearing and you'll keep your West Virginia drivers license pending the outcome of the hearing.

West Virginia also has what's known as the per se law which provides guilt for person based on BAC rather than actual intoxication. This means that with a blood alcohol content level of .08% or higher (the WV legal limit), it does not matter if you exhibit any signs of intoxication such as poor field sobriety tests, slurred speech, smell of alcohol, etc... All that is required to be found on the per se charge is a chemical test reading of .08% or greater.



Should You Seek Legal Representation or Not?

If you are facing a West Virginia DUI case, a DUI lawyer can assist you with your court appearance in a few key ways. AWest Virginia DUI lawyer will help you to get the least amount of punishments available by law. Your lawyer can also help shed reasonable doubt on any circumstantial evidence surrounding your case in an attempt to beat all the DUI charges.  If you have any objections to the arresting officer's actions or the events of the arrest in general a DUI lawyer can help you ensure your rights are protected.

Remember, you need to request a DMV hearing with the Department of Motor Vehicles as soon as possible after arrest, don't delay or you will lose your driving privileges. Your attorney can also help you with this. 

Possible West Virginia DUI Punishments

Your West Virginia DUI case presents you wish some serious consequences. Keep in mind that the look back period in West Virginia is ten years. This means that any DUI arrests in your history in the past ten years will be considered by the court as a prior offense. The amount of past arrests directly affects the amount of fines, jail time, and license suspension time you face. 

West Virginia DUI First Offense

  • Jail time of 1 day to 6 months.
  • Fines between $100 and $500.
  • Drivers license suspension for 6 months.
  • Possible alcohol assessment, education and treatment.
  • Ignition interlock system also possible depending on case specifics and judge.

West Virginia DUI Second Offense

  • Jail time between 6 months and 1 year.
  • Jail time between 6 months and 1 year.
  • Fines between $1000 and $3000.
  • Drivers license suspension for 1 year.
  • Possible alcohol assessment, education and treatment.

West Virginia DUI Third Offense

  • Jail time between 1 year and 3 years.
  • Fines between $3000 and $5000.
  • Drivers license suspension for 1 year.
  • Alcohol assessment, education and treatment.

West Virginia DUI Attorneys

DUI Arrest Help.com has compiled a list of skilled DUI defense attorneys in the state of West Virginia who have agreed to offer you a free initial consultation to discuss your case.  There is no obligation to use them, and you can get some great information about what you should do in this free consultation.  

Click here to speak with one of our West Virginia DWI lawyers.

Insurance Considerations for a West Virginia DUI

SR-22 insurance is required in the state of West Virginia after a DUI conviction.  This type of insurance is classified as 'high risk' meaning you are a higher risk to the insurance companies so consequently they will charge more for taking on more risk.  This can get very expensive if you sign up for one of these policies with the wrong company.

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of West Virginia and has worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in West Virginia for any less.  Type in your zip code below so we can provide you with the cheapest rates in your area.



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Additional West Virginia DUI Resources

  • West Virginia DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in West Virginia.

  • West Virginia SR22 Insurance -  Learn everything you need to know about WV 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.