DUI & DWI in West Virginia

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In West Virginia, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of West Virginia automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

• Your license will be revoked for 6 months.
• You will face a jail term of between 1 day and 6 months.
• You will be fined a minimum of $100 up to a maximum of $500.

(within 10 years)

• Your license will be revoked for 10 years.
• You will face a jail term of between 6 months and 1 year.
• You will be fined a minimum of $1,000 up to a maximum of $3,000.

(within 10 years)

• Your license will be revoked for life.
• You will face a jail term of between 1 and 3 years.
• You will be fined a minimum of $3,000 up to a maximum of $5,000.

If you commit a DUI that causes or contributes to the death of another person within 1 year of the date of the offense:

• You will be sent to jail for between 90 days and 1 year.
• You will be fined between $500 and $1,000 and your license will be revoked for 5 years.

If it is proved that you drove with reckless disregard for others:

• The jail term increases to between 1 and 10 years, the fine is increased to between $1,000 and $3,000 and your license will be revoked for 10 years.

If you commit a DUI that causes bodily injury to another person:

• You will face a jail term of between 1 day and 1 year.
• You will be fined between $250 and $1,000 and your license will be revoked for 2 years.

If you knowingly allow a drunk person to drive your vehicle:

• You will face a jail term of up to 6 months.
• You will be fined between $100 and $500 and your license will be revoked for 6 months.

In addition to the above penalties, if you commit a DUI offense while a passenger under the age of 16 is in the vehicle:

• You will face a jail term of between 2 days to 6 months and will be fined between $100 and $500.
• The license revocation period in such cases is one year.

1st offense

• Your license will be revoked for 60 days and/or you will be fined a minimum of $25 up to a maximum of $100.

2nd offense (within 10 years)

• Your license will be revoked for 1 year, or until you reach the age of 21, whichever is longer.
• You will face a jail term of 24 hours and/or you will be fined a minimum of $100 up to a maximum of $500.
• A driver under the age of 18 who loses their driving privileges will not regain them until they reach the age of 18, or until the revocation period has expired, whichever is longer.

Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• If you are convicted for your BAC being higher than 0.04%, you will be barred from driving for at least 1 year.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time. This may or may not be reduced to 10 years.
• Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their 1st and 2nd offenses of DUI/DWI. The other penalties do not apply since they are barred after the 2nd offense.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the DMV, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked. Persons completing their suspension period without committing further violations may apply for license restoration.

The reinstatement fee of $5 may be mailed or delivered in person to:

Building 3, Room 124

Capitol Complex

Charleston, WV 25317

Divisions of Motor Vehicle regional offices do not process reinstatement transactions.