West Virginia DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in West Virginia, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
West Virginia DUI At a Glance
First Offense DUI in West Virginia
1 day–6 months jail, $100–$500 fine, 6-month revocation
West Virginia has a DUI Deferral Program for first-time offenders
Second Offense DUI in West Virginia
6 months–1 year, $1,000–$3,000 fine, 10-year revocation
When Does a DUI Become a Felony in West Virginia?
In West Virginia, a DUI typically becomes a felony charge at the 3rd offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
West Virginia DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in West Virginia
West Virginia, like all U.S. states, has an implied consent law. By driving on West Virginia roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in West Virginia
Different states use different terminology. West Virginia uses DUI (Driving Under the Influence) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in West Virginia
If you are facing a DUI charge in West Virginia, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension