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West Virginia driving lesson · Alcohol, Drugs, and Fatigue

DUI penalties and the Interlock Program

A 3-minute lesson from the West Virginia course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Alcohol, Drugs, and Fatigue
Checkpoint questions
6
Source pages
32, 33

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

Zero tolerance and first offenses
OffenseFineJailMin. revocation
Zero tolerance (under 21), 1st$25–$100None30 days
Zero tolerance (under 21), 2nd$100–$50024 hrs60 days or until 18th birthday*
DUI BAC under .15 (or knowingly permitting), 1st$100–$500Up to 6 mo.15 days
DUI BAC .15 or more, 1st$200–$1,0002 days–6 mo.45 days
Handbook p. 32 ↗

Aggravated and repeat DUI

Aggravated and repeat DUI
OffenseFineJailMin. revocation
With child endangerment$200–$1,00048 hrs–12 mo.60 days
With bodily injury$200–$1,00024 hrs–12 mo.60 days
With serious bodily injury$1,000–$3,0002–10 yrs.60 days
With death (felony)$1,000–$3,0003–15 yrs.1 year
2nd offense$1,000–$3,0006–12 mo.1 year
3rd or subsequent$3,000–$5,0001–3 yrs.1 year
Handbook p. 32 ↗

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 ↗

Know the rule

Any DUI or DUI-related event puts a revocation on your driving record.

Handbook p. 33 ↗

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 ↗
2 in 10 years

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.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

What is the minimum revocation period for a first zero-tolerance offense (under 21, any measurable alcohol)?
  1. 15 days
  2. 60 days
  3. 90 days
  4. 30 days

Answer: 30 days

A first zero-tolerance offense carries a minimum 30-day revocation.

Handbook p. 32 ↗
What is the minimum revocation period for a first DUI offense with BAC under 0.15%?
  1. 30 days
  2. 15 days
  3. 45 days
  4. 60 days

Answer: 15 days

A first DUI offense with BAC under 0.15% carries a minimum 15-day revocation.

Handbook p. 32 ↗
What is the minimum revocation period for a first DUI offense with BAC of 0.15% or more?
  1. 15 days
  2. 45 days
  3. 30 days
  4. 60 days

Answer: 45 days

A first DUI offense with BAC 0.15% or higher carries a minimum 45-day revocation, longer than the under-0.15% offense.

Handbook p. 32 ↗
What is the minimum revocation period for a second DUI offense?
  1. 45 days
  2. One year
  3. 90 days
  4. Six months

Answer: One year

A second DUI offense carries a minimum one-year revocation.

Handbook p. 32 ↗
Under WV's Interlock Program, when is participation mandatory for a DUI offender?
  1. For every first-time DUI offender
  2. Two or more DUIs within ten years
  3. Only when BAC was 0.15% or higher
  4. Never; it is always optional

Answer: Two or more DUIs within ten years

Interlock participation is mandatory when a driver has two or more DUI-related revocations within ten years.

Handbook p. 33 ↗
A first DUI offense with BAC 0.15% or higher has a longer minimum revocation than a first DUI offense with BAC under 0.15%.
  1. True
  2. False

Answer: True

The higher-BAC first offense carries a 45-day minimum revocation versus 15 days for the lower-BAC offense.

Handbook p. 32 ↗
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