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West Virginia DUI Information

In West Virginia, anyone with a blood alcohol level of .10%, or greater, is considered to be DUI.  In some cases, however, an individual with a blood alcohol content above .05% and less than .10% can be convicted of DUI if other evidence is shown to confirm that the offender was under the influence.  First time offenders will be subject to a minimum of 1 day, and a maximum of 6 months, in jail.  At the courts discretion, community service may be granted in lieu of imprisonment.  In addition, fines ranging from $100.00 to $500.00 will be imposed.   

First time offenders can expect to receive a license suspension ranging from 6 months to 1 year.  Anyone refusing to submit to a blood alcohol content test, on the other hand, will face an additional license suspension of one year and will be required to complete a treatment program before having his/her driver’s license reinstated.  In some instances, an ignition interlock device may be installed onto the offenders motor vehicle and may result in a reduction of the license suspension.  This unit prevents the offender, or anyone, from operating the automobile if there is any alcohol present in his/her system.          

West Virginia offenders will undergo an alcohol assessment and, depending on the results, may be required to undergo some type of alcohol education and/or treatment program if the court deems it necessary.

Youthful offenders, who consist of anyone under the age of 21 with any trace of alcohol in their system, will be subject to license revocation for a period of 60 days.  Anyone under the age of 18, who is found guilty of a DUI offense, will be unable to obtain a driver’s license until they reach the age of 18 or the equivalent time of suspension, whichever is longer.  Individuals who are involved in a DUI, which causes personal injury or death, may face felony charges and much harsher penalties.

Upon conviction or an admission of guilt, DUI offenders are commonly faced with problems relating to their insurance company.  Immediately being labeled as “high risk” drivers, offenders are often dropped by their insurance company altogether or, at the very least, are required to pay much higher rates than before.  In the event that the offender is forced to look for a new insurance provider, he/she may have a difficult time finding a new company who offers high risk policies but, if they do, the rates will likely be extremely high for the amount of coverage granted.





DISCLAIMER: This website provides only general information intended to be a starting point for most legal issues. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist.