West Virginia's DUI penalties climb with your BAC, your age, whether anyone was hurt, and how many prior offenses you have. Every DUI revocation also requires a treatment program before you can drive again.
Know the rule
If you are under 18, a DUI revokes your license until age 18 or for the statutory period, whichever is longer, and until all other requirements are met.
Handbook p. 32 ↗Know the rule
Any DUI revocation or suspension requires completing a prescribed Safety and Treatment program before reinstatement.
Handbook p. 32 ↗Zero tolerance and first offenses
| Offense | Fine | Jail | Min. revocation |
|---|---|---|---|
| Zero tolerance (under 21), 1st | $25–$100 | None | 30 days |
| Zero tolerance (under 21), 2nd | $100–$500 | 24 hrs | 60 days or until 18th birthday* |
| DUI BAC under .15 (or knowingly permitting), 1st | $100–$500 | Up to 6 mo. | 15 days |
| DUI BAC .15 or more, 1st | $200–$1,000 | 2 days–6 mo. | 45 days |
Aggravated and repeat DUI
| Offense | Fine | Jail | Min. revocation |
|---|---|---|---|
| With child endangerment | $200–$1,000 | 48 hrs–12 mo. | 60 days |
| With bodily injury | $200–$1,000 | 24 hrs–12 mo. | 60 days |
| With serious bodily injury | $1,000–$3,000 | 2–10 yrs. | 60 days |
| With death (felony) | $1,000–$3,000 | 3–15 yrs. | 1 year |
| 2nd offense | $1,000–$3,000 | 6–12 mo. | 1 year |
| 3rd or subsequent | $3,000–$5,000 | 1–3 yrs. | 1 year |
Know the rule
*For a second zero-tolerance offense, the revocation is 60 days or until the 18th birthday, whichever is greater.
Handbook p. 32 ↗Interlock device
A device attached to the ignition that prevents an intoxicated person from starting the car. The Interlock Program lets some alcohol offenders drive legally in an equipped vehicle.
Handbook p. 33 ↗Two or more DUI revocations within ten years make the Interlock Program mandatory
Handbook p. 33 ↗Know the rule
If you apply and are approved for Interlock before the scheduled revocation begins, you skip the minimum revocation and can drive right away. Apply late and you may serve a minimum revocation and still complete Interlock.
Handbook p. 33 ↗Put it into practice
A 23-year-old is convicted of a first DUI with a 0.16% BAC. That is the .15-or-more tier: a $200–$1,000 fine, 2 days to 6 months in jail, and at least 45 days revoked, plus the Safety and Treatment program.