West Virginia DUI Laws
Last reviewed July 2026 · 3 primary sources · How we research and review these pages
Reviewed by the LegalLimit editorial team →
Standard BAC limit
0.08%
Enhanced BAC threshold
0.15%
Commercial driver BAC
0.04%
Under-21 BAC
0.02%
Prior-offense lookback
10-year window
West Virginia prosecutes impaired driving as DUI under WV Code § 17C-5-2, a comprehensive single-section statute. The per se limit is 0.08 ("impaired state"), and the offense also covers impairment by alcohol, controlled substances, drugs, inhalants, or combined influence. The penalty ladder uses a 10-year lookback (15-year for § 61-5-17(j) priors). A first offense is a misdemeanor (≤6mo/$100–$500, 6mo revocation), with an enhanced first-offense sub-case at BAC ≥ 0.15 (mandatory 24hr, $200–$1,000, 1yr revocation). A second offense within 10 years is a misdemeanor (6mo–1yr, $1K–$3K, 10yr revocation). A third or subsequent offense is a FELONY (2–5yr, $3K–$5K, LIFETIME revocation). DUI causing death is a felony (3–15yr, 10yr/LIFE revocation); DUI causing serious bodily injury is a felony (2–10yr, 5yr/LIFE revocation); DUI causing bodily injury is a misdemeanor (1d–1yr, 2yr revocation). DUI with an unemancipated minor under 16 is a separate misdemeanor (48hr mandatory, 1yr revocation). All sentences are mandatory and non-suspendable (§ 17C-5-2(q)). West Virginia's signature feature is the "Test and Lock" IID program (§ 17C-5A-3a), which allows drivers to substitute IID-restricted driving for the revocation period with their consent. The under-21 threshold is 0.02 (§ 17C-5-2(j)); the commercial threshold is 0.04.
West Virginia DUI penalties by offense tier
| Offense tier | Fine | Jail | License action | Ignition interlock |
|---|---|---|---|---|
| First offense (misdemeanor; enhanced at BAC ≥ 0.15) | $100–$1,000 (STANDARD 1st (BAC <0.15): $100–$500 (§ 17C-5-2(e)). HIGH-BAC 1st (BAC ≥0.15): $200–$1,000 (§ 17C-5-2(f)). DUI WITH MINOR <16: $200–$1,000 (§ 17C-5-2(k)).; High-BAC and minor-passenger sub-cases max at $1,000 (§ 17C-5-2(f)/(k)).) | 0 days–1 year (STANDARD 1st (BAC <0.15): no mandatory minimum (§ 17C-5-2(e), "up to six months"). HIGH-BAC 1st (BAC ≥0.15): mandatory 24 hours actual confinement (§ 17C-5-2(f)). DUI WITH MINOR <16: mandatory 48 hours actual confinement (§ 17C-5-2(k)).; STANDARD/HIGH-BAC 1st max 6 months (§ 17C-5-2(e)/(f)). DUI WITH MINOR <16 max 12 months (§ 17C-5-2(k)). The structured max (365 days) captures the minor-passenger sub-case.) | Revoked for 180–365 days — STANDARD 1st (BAC <0.15): 6 months revocation (§ 17C-5-2(e)). HIGH-BAC 1st (BAC ≥0.15): 1 year (§ 17C-5-2(f)). DUI WITH MINOR <16: 1 year (§ 17C-5-2(k)). All revocation periods may be conditioned on participation in the Test and Lock IID program under § 17C-5A-3a (with the driver's consent). | Required if restricted license or restoration (4 months–2 years) |
| Second offense within 10 years (misdemeanor) | $1,000–$3,000 (Mandatory minimum $1,000 fine for a second offense (§ 17C-5-2(l)). If the underlying offense is (b)/(c)/(d), the greater fine applies.; Maximum $3,000 (§ 17C-5-2(l)).) | 6 months–1 year (Mandatory 6 months minimum (§ 17C-5-2(l)). Home detention with electronic monitoring may substitute for incarceration, but requires ≥5 days of electronic monitoring with no leaving home (§ 17C-5-2(q)). If the underlying offense is (b)/(c)/(d), the greater incarceration applies.; Maximum 1 year (§ 17C-5-2(l)).) | Revoked for 3650 days — 10-YEAR license revocation (§ 17C-5-2(l)), or Test and Lock IID alternative under § 17C-5A-3a (with the driver's consent). | Required if restricted license or restoration (2 years) |
| Third+ offense within 10 years (felony) | $3,000–$5,000 (Mandatory $3,000–$5,000 (at the court's discretion, § 17C-5-2(m)). If the underlying offense is (b)/(c), the greater fine applies ($1,000–$3,000 for death, but capped by the 3rd+ range).; Maximum $5,000 (§ 17C-5-2(m)). DEATH resulting max $3,000 (§ 17C-5-2(b)). SERIOUS INJURY max $3,000 (§ 17C-5-2(c)).) | 2 years–15 years (THIRD+ offense (§ 17C-5-2(m)): 2–5 years. DUI causing SERIOUS BODILY INJURY (§ 17C-5-2(c)): 2–10 years. DUI causing DEATH (§ 17C-5-2(b)): 3–15 years. If the 3rd+ offense is also death/serious-injury, the greater incarceration applies.; THIRD+ max 5 years (§ 17C-5-2(m)). SERIOUS INJURY max 10 years (§ 17C-5-2(c)). DEATH max 15 years (§ 17C-5-2(b)). The structured max (5,475 days = 15 yr) reflects the death-resulting ceiling.) | Lifetime revocation — THIRD+ offense (§ 17C-5-2(m)): LIFETIME license revocation, or Test and Lock IID alternative under § 17C-5A-3a. DUI causing DEATH (§ 17C-5-2(b)): 10-year revocation (LIFE if prior under (b)). DUI causing SERIOUS INJURY (§ 17C-5-2(c)): 5-year revocation (LIFE if prior under (c)). | Required if restricted license or restoration (2 years) |
Frequently asked questions
What is the legal BAC limit in West Virginia?
The per se limit is 0.08% (WV Code § 17C-5-2(a)(1)(E)). The offense also covers impairment by alcohol, controlled substances, drugs, or inhalants. A BAC of 0.15+ triggers enhanced first-offense penalties. The commercial threshold is 0.04% and the under-21 threshold is 0.02%.
What are the penalties for a first DUI in West Virginia?
A first offense is a misdemeanor (§ 17C-5-2(e)): ≤6 months in jail, $100–$500 fine, 6-month license revocation. A HIGH-BAC first (≥0.15, § 17C-5-2(f)) carries mandatory 24 hours, $200–$1,000, and 1-year revocation. DUI with a minor under 16 (§ 17C-5-2(k)) carries 48 hours mandatory, $200–$1,000, and 1-year revocation.
What are the penalties for a second DUI in West Virginia?
A second offense within 10 years (§ 17C-5-2(l)): misdemeanor, 6mo–1yr in jail, $1,000–$3,000 fine, 10-year license revocation. Home detention with electronic monitoring is available with ≥5 days of no-leaving-home monitoring.
When does a West Virginia DUI become a felony?
A THIRD or subsequent offense within 10 years is a FELONY (§ 17C-5-2(m)): 2–5 years, $3,000–$5,000, LIFETIME license revocation. DUI causing death is always a felony (3–15yr, § 17C-5-2(b)). DUI causing serious bodily injury is always a felony (2–10yr, § 17C-5-2(c)).
Does West Virginia require an ignition interlock device after a DUI?
IID is available through West Virginia's "Test and Lock" program (§ 17C-5A-3a), which allows the driver to substitute IID-restricted driving for the revocation period (with the driver's consent). A mandatory safety-and-treatment program under § 17C-5A-3 is required before reinstatement.
What happens if I refuse the breath or blood test in West Virginia?
Refusing a secondary chemical test results in license revocation of "at least 45 days and up to life" (§ 17C-5-4(e)(1)). Under the Test and Lock program, a first-offense refusal carries a 45-day revocation plus a 1-YEAR ignition-interlock period (§ 17C-5A-3a(c)(2)) — the "1 year" commonly cited for a first refusal is the IID term, not a flat one-year revocation. Refusing a BLOOD test only does NOT trigger revocation, because a blood test requires written consent or a warrant (§ 17C-5-4(c)/(d)). Refusal is not a separate crime in West Virginia.
How long do prior DUIs count against me in West Virginia?
West Virginia uses a 10-year lookback window (§ 17C-5-2(n)). Out-of-state, municipal-ordinance, and federal convictions for equivalent offenses count. A separate 15-year window applies to § 61-5-17(j) convictions.
What if my West Virginia DUI causes death or serious injury?
DUI causing death (§ 17C-5-2(b)) is a felony: 3–15 years, $1,000–$3,000, 10-year revocation (LIFE if prior). DUI causing serious bodily injury (§ 17C-5-2(c)) is a felony: 2–10 years, $1,000–$3,000, 5-year revocation (LIFE if prior). DUI causing bodily injury (§ 17C-5-2(d)) is a misdemeanor: 1d–1yr, 2-year revocation.
Sources
- WV Code § 17C-5-2 — Driving Under Influence of Alcohol, Controlled Substances, or Drugs; Penalties (W.V. Code, via Justia) — Accessed July 7, 2026
- WV Code § 17C-5-4 — Implied consent to test; administration; designation of type of test (W.V. Code, via Justia) — Accessed July 7, 2026
- WV Code § 17C-5A-3a — Motor Vehicle Test and Lock Program (IID alternative) (W.V. Code, via Justia) — Accessed July 7, 2026