Virginia DUI & DWI Lawyers

DUI & DWI in West Virginia

Driving under the influence of alcohol or any other drug is a serious offense in West Virginia and is treated as such. Why shouldn't it be? When someone drives under the influence, he's not only putting his own life at risk, but he's also endangering the lives of everyone around him―not to mention the lives of the survivors that will be affected when they lose a loved one to a drunk driver.


What are the penalties for a DUI in West Virginia?

1st Offense 2nd Offense 3rd Offense
Jail Up to 6 months 6 to 12 months 1 to 3 years
Fines and Penalties $100 to $1,000 $1,000 to $3,000 $3,000 to $5,000
License Suspension 15 to 45 days 1 year 1 year
ID Required Possible Yes Yes

First Offense DUI in West Virginia

  • First offense convictions carry no mandatory period of incarceration in West Virginia for simple DUI offenses, but if enhanced factors exist, driver faces mandatory incarceration of at least two (2) days. Convictions carry maximum potential of incarceration for a period of six (6) months
  • Fines range widely, but are capped at a maximum of $500 for simple, first offense DUI conviction. These fine amounts do not cover items such as court costs, assessment costs, or completion of other terms of one’s sentence. Fines enhanced to a maximum of $1,000 for elevated first offense DUI cases
  • Alcohol or substance abuse assessment requirement likely
  • Convictions for first offense will influence second offense DUI cases, if applicable, only if occurring within the next ten (10) years

Second Offense DUI in West Virginia

If you commit a second DUI, you can expect your driver's license to be suspended for one year (and no chance of getting a restricted license). Once it is reinstated, you will have to pay to have an ignition interlock device installed in your vehicle for two years, which usually costs about $1000. If you refuse to take this step, your license will be suspended for up to 10 years.

The Department of Transportation in this state now has an agency that deals with reinstatement of licenses after a DUI. You will need to have a hearing in front of this agency, which your lawyer will help you prepare for. Aside from proof of the ignition interlock device, you will be required to show proof of SR22 car insurance coverage, which is a special policy for those with a DUI.

Additionally, you will be required to complete a treatment program that centers on safe driving and avoidance of alcohol abuse. This usually costs money, too, so be sure to budget for this expense before attempting to get your license back.

Third Offense DUI in West Virginia

If you get arrested for a third DUI in West Virginia your license will either be suspended or revoked (with a revocation being more likely). You can challenge this action with an administrative hearing but you must do so within 30 days of the incident.

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