West Virginia DUI/DWI Laws: Penalties, Court Process, and Records
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Table of Contents
All states punish people who drive under the influence of alcohol or drugs. In West Virginia, the official name for this offense is DUI, which means Driving Under the Influence. West Virginia has strong punishments for driving while impaired. These include taking away a driver’s license, restricting a car’s ignition, and serious criminal charges for repeat or worse cases.
What Is a DUI in West Virginia?
According to West Virginia law §17C-5-2, DUI means driving a vehicle while affected by alcohol, drugs, or both. The legal limits for blood alcohol content (BAC) in West Virginia are:
The legal thresholds in West Virginia are:
- 0.08% BAC for drivers who are 21 years old or older
- 0.04% BAC for commercial drivers
- 0.02% BAC for drivers under 21, which is a zero-tolerance rule
DUI Penalties in West Virginia
West Virginia looks back 10 years to check for repeat DUI cases. Penalties get tougher for more offenses.
- First DUI (a misdemeanor):
- Jail time up to 6 months (at least 24 hours if BAC is 0.15% or higher)
- A fine between $100 and $500
- License suspension for 6 months, or 15 days if you use an ignition interlock device (IID) through the Test and Lock Program
- Second DUI within 10 years (a misdemeanor)
- Prison time from 6 months to 1 year
- Fine between $1,000 and $3,000
- License revoked for 1 year
- Possible 45-day shorter revocation if using the IID for 2 years
- Third DUI offense is a felony
- Prison from 1 to 3 years
- Fine from $3,000 to $5,000
- License revocation for life (reinstatement possible with an IID after 5 years)
- Aggravated DUI (BAC ≥0.15% or causing injury/death):
- Minimum jail time of 48 hours
- Fines from $200 to $1,000
- Considered more serious than a regular DUI
DUI Arrest and Court Process in West Virginia
The DUI process in West Virginia involves both DMV sanctions and criminal prosecution:
- Traffic Stop and Arrest: When police stop a driver for suspected DUI, they may ask the driver to do field sobriety tests like walking in a straight line or standing on one leg.
- Booking and Charges: When someone is arrested for DUI, police take their fingerprints, write down their information, and officially charge them with DUI.
- Administrative License Revocation (ALR): This means the West Virginia Division of Motor Vehicles (DMV) will take away your driver’s license after a DUI arrest. You are entitled to ask for a review to try to keep your license.
- Arraignment: The person accused of DUI is officially charged in court. They must say if they are guilty or not guilty.
- Pre-Trial Hearings: Defense may challenge BAC accuracy, probable cause, or officer conduct.
- Trial: If no plea deal is reached, the case proceeds to trial.
- Sentencing: If someone is found guilty of DUI, they may have to pay fines, go to jail or prison, lose their driver’s license, use a special device called an ignition interlock, and attend required treatment programs.
How to Search for DUI Records in West Virginia
DUI records are public in West Virginia and can be accessed through:
- West Virginia Judiciary Case Search: An online system where you can look up DUI cases. You can search by the person’s name or by the case number.
- West Virginia Division of Motor Vehicles (DMV): The state keeps official driver records like license suspensions, IID records, and DUI penalties of the driver. DMV also has an Online Services
- County Circuit and Magistrate Courts: Case files and sentencing papers are provided as official proof in court.
- West Virginia State Police Criminal Records Section: The Records Section gives background checks for approved uses only.
- Third-Party Background Check Services: Provide DUI data but may lack official accuracy.
How Long Does a DUI Stay on Your Record in West Virginia?
West Virginia retains DUI convictions for extended periods:
- Criminal Record: A DUI conviction remains permanent. West Virginia does not allow expungement of DUI convictions, even for first-time offenders.
- Driving Record: In West Virginia, a DUI stays on your driving record for 10 years.
- Insurance and Employment: A DUI conviction can increase insurance costs for 3 to 7 years, and it will be on the record indefinitely.
West Virginia has tough DUI laws. First-time offenders pay fines and might go to jail for a short time. People who get caught again face worse punishments. Some offenders even get felony charges and lose their license permanently. Records are accessible through the courts and DMV. DUI convictions stay on your driving record forever. It is wise for motorists in the state to understand West Virginia’s DUI laws, given their severe and long-lasting consequences.