West Virginia DUI Laws & Penalties

West Virginia Drunk Driving Laws Explained in Easy to Understand Simple Terms

A 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.

Possible West Virginia DUI Punishments

Your West Virginia DUI case presents you with 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 First Offense DUI Penalties

West Virginia Second Offense DUI Penalties

  • 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.
  • Ignition interlock system required.

West Virginia Third Offense DUI

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

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.

Additional West Virginia DUI Resources