West Virginia Laws and Legal Penalties
Comprehensive legal reference for West Virginia. Browse DUI laws, drug possession penalties, theft charges, statutes of limitations, and more. All information is sourced from public state statutes.
Note: This information is for general educational purposes only. Laws change frequently. Always consult a licensed West Virginia attorney for advice specific to your situation.
West Virginia Quick Facts
- State Capital: Charleston
- Region: South
- DUI BAC Limit: 0.08%
- Marijuana Status: Medical only
- Felony Theft Threshold: $1,000+
- Murder SOL: None
West Virginia DUI Laws
| Offense | Penalties |
|---|---|
| First Offense DUI | 1 day–6 months jail, $100–$500 fine, 6-month revocation |
| Second Offense DUI | 6 months–1 year, $1,000–$3,000 fine, 10-year revocation |
| Felony DUI Threshold | 3rd offense |
| Legal BAC Limit | 0.08% |
West Virginia has a DUI Deferral Program for first-time offenders
West Virginia Marijuana Laws
| Category | Details |
|---|---|
| Legal Status | Medical only |
| Medical Program | Yes |
| Recreational Use | No |
| Small Amount Penalty | Misdemeanor: up to 90 days, $1,000 fine |
| Large Amount Penalty | Felony for larger amounts |
West Virginia has a medical marijuana program
West Virginia Theft Penalties
| Category | Details |
|---|---|
| Misdemeanor Threshold | Under $1,000 |
| Felony Threshold | $1,000+ or more |
| Minimum Sentence | Up to 1 year |
| Maximum Sentence | Up to 10 years (grand larceny) |
West Virginia grand larceny is theft over $1,000
West Virginia Statutes of Limitations
| Crime Type | Time Limit |
|---|---|
| Murder | None |
| Rape / Sexual Assault | None |
| Felony (General) | 3 years |
| Misdemeanor | 1 year |
| Fraud | 3 years |
| Theft | 3 years |
| DUI / DWI | 1 year |
| Assault | 3 years |
West Virginia murder has no SOL