West Virginia DUI / DWI Penalties (2026)

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in West Virginia: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing dui / dwi charges in West Virginia, consult a licensed West Virginia criminal defense attorney.

West Virginia DUI / DWI Penalties

OffensePenalty
First Offense1 day–6 months jail, $100–$500 fine, 6-month revocation
Second Offense6 months–1 year, $1,000–$3,000 fine, 10-year revocation

West Virginia has a DUI Deferral Program for first-time offenders

DUI / DWI Statute of Limitations in West Virginia

In West Virginia, the general statute of limitations for a felony is 3 years and for a misdemeanor is 1 year.

See all West Virginia statutes of limitations →

Defending Against DUI / DWI Charges in West Virginia

Common defenses in West Virginia dui / dwi cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a West Virginia criminal defense attorney for advice.

Related West Virginia Laws

Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication