(SEE BELOW FOR COMMERCIAL DRIVER LICENSE (CDL) INFORMATION)

There is a difference between having your West Virginia driver’s license suspended and having it revoked.

• A suspension means you cannot drive for a certain period of time, but can get your license back later.
• A revocation of your license means your driver’s license is cancelled, and you will need to submit to an investigation before you can obtain another license.

Insurance companies keep a close watch on license suspensions / revocations. 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. 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. Additionally, you will face Heavy Fines and Reinstatement Fees, and Points on your driver’s license! All this information can be found on our website. You could also contact Ticket Counsel absolutely FREE!!!

Mandatory suspensions: This type of suspension is enforced for a specific time period. Once you serve the entire suspension, you may reinstate your West Virginia driver’s license.

Indefinite suspensions: These suspensions require you to take specific action to remove the suspension. For instance, if you fail to carry West Virginia car insurance, you can prove you resolved the issue to lift your license suspension. If you obtain car insurance prior to the start date of your suspension, your West Virginia driver’s license will NOT be suspended. The following are some of the most common reasons for a West Virginia driver’s license to be suspended or revoked:

• Excessive Moving Violations: The state of West Virginia operates on a point system in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 12 or more points on your current driver record, your license will be suspended for periods ranging from 30 to 90 days.
• Driving Under the Influence: If you are found guilty of driving under the influence of alcohol or drugs, your West Virginia license will be suspended and you may be sent to jail. The length of the suspension and/or jail term depends on the severity of the violation and whether it is a first or repeat offense.
• Driving with a Suspended License or No License: Driving with a suspended license is a serious offense. If your license has been suspended for non-DUI reasons you will incur an immediate 90-day suspension. If your license was suspended for a DUI offense you will be sent to jail for a period of 30 days to 6 months.
• Driving without Insurance: All motor vehicles driven in West Virginia must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended for 30 days for a 1st offense and for 90 days for a 2nd offense.
• Providing False Information: Providing false information when applying for a West Virginia driving license, using someone else’s driving license or allowing another person to use your driving license will result in a 90 day license suspension.
• Other Driving-Related Violations: Your West Virginia driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you leave the scene of an accident in which you were involved without authorization.
• Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include failing to pay traffic tickets, fines, surcharges, any type of court fees or court-ordered payment (such as child support).

Having your West Virginia driver’s license suspended is a serious matter and it is essential to adhere to State law in the event that your license is suspended. If you believe your license may be suspended due to one of the reasons listed above it is prudent to speak with a traffic ticket lawyer or a DUI-DWI lawyer. While your license is suspended, you are not permitted to drive. If you are found driving with a suspended license, you face an immediate 90 day jail term Do not drive until you have completed the necessary steps and received a valid, replacement license from the West Virginia DMV.

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.

Drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Defensive Driving Course. Completing a Defensive Driving Course removes 3 points from the current driving record and, in some cases, can enable an individual to avoid having his license suspended. It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension.

You will receive a suspension notification from the DMV to warn you that your West Virginia driver’s license will be suspended. You may be able to contest a suspension or revocation through an administrative hearing with the Office of Administrative Hearings (OAH). To request a hearing, complete a Written Objection and Hearing Request Form via e-mail to: [email protected],

or send it by mail to:

Office of Administrative Hearings

300 Capital St, 10th Floor

Charleston, WV 25301

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

The Division of Motor Vehicle Regional Offices do not process reinstatement transactions.

The reinstatement process can vary depending on the reason for license suspension or revocation.

Remember, when applying for reinstatement, you must include your original suspension notice and your driver’s license number. The DMV’s regional offices do not handle driver’s license reinstatements.

Contact the DMV at (304) 926-3871 or (800) 642-9066 for more information.

As part of your reinstatement requirements, you will face a reinstatement fee. Reinstatement fees vary depending on your violation. Reinstatement fees are separate and in addition to any other fines or penalties related to your violation.

You can mail your reinstatement fee to: P.O. Box 17030, 
Charleston, WV 25317

Contact the WV DMV at (304) 926-3871 or (800) 642-9066 for more information.

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your West Virginia commercial drivers license (CDL) can be suspended whether you violate traffic laws or commit crimes in West Virginia or out of state. Additionally, your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles. Depending on your offense, you may face both state and federal suspensions and charges.

Major Offenses: Unless otherwise noted, the following offenses will result in CDL disqualification, whether the offense was committed in a commercial vehicle (CMV) or personal vehicle:

• Driving with a blood alcohol concentration (BAC) of 0.04% or higher.
• Breaking implied consent laws by refusing a breath or blood test.
• Leaving the scene of an accident.
• Using your vehicle to commit a felony.
• Causing a death through negligent operation.
• Operating a commercial vehicle when your CDL is disqualified, suspended, or revoked.

Major Offense Penalties:

• 1st violation: 1 year.
• Increased to 3 years if transporting hazardous materials.
• 2nd violation: Lifetime disqualification. Depending on the offense, your lifetime ban may be lifted after 10 years.

Serious Traffic Violations: Your West Virginia CDL can also be disqualified for serious violations, which include the following:

• Reckless driving.
• Excessive speeding.
• Making improper lane changes.
• Following too closely.
• Causing a fatal accident by violating any motor vehicle traffic control law (except parking violations).
• Operating a CMV without a valid CDL, a CDL on your person or the required CDL endorsements.

Serious Traffic Violation Penalties: Your CDL will be disqualified after your:

• 2nd violation within 3 years: for 60 days.
• 3rd violation within 3 years: for 120 days.

Railroad Crossing Violations: In West Virginia, your CDL can be disqualified for:

• Failing to slow down and check that the tracks are clear.
• Failing to stop when you’re required.
• Driving across the tracks when there’s not enough room for your commercial vehicle or insufficient undercarriage clearance.
• Failing to obey a traffic control device or enforcement official at the crossing.

Railroad Crossing Violation Penalties:

• 1st violation: Minimum of 60-day suspension.
• 2nd violation within 3 years: Minimum of 120-day suspension.
• 3rd violation and any additional violations within 3 years: Minimum of 1-year suspension.

Out-of-Service Violations: If you violate an out-of-service order, you are subject to the following disqualification terms:

• 1st violation: 180 days.
• 2nd violation in 10 years: 2 years.
• 3rd violation and additional violations (in 10 years): 3 years.

If you violate an out-of-service order while transporting hazardous materials, you are subject to the following disqualification terms:

• 1st violation: 180 days.
• 2nd violation and additional offenses in 10 years: 3 years.

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate.