You are DUI in West Virginia if your blood alcohol content (BAC) is .10% or higher. However, a BAC of more than 0.05% but less than 0.10% is considered relevant evidence to presume you were driving with your ability impaired. Therefore, you may still lose your license if your BAC is under the official legal limit of .10%

First Offender Penalties:

Jail
1 day to 6 months. Mandatory minimum is 1 day.

Fines
$100 to $500 with a mandatory minimum of $100.

License Suspension
6 months to 1 year. Reinstatement Fee: $65

Community Service
May serve as alternative to imprisonment.

Under 21
If you are under the age of 21 and any amount of alcohol is found in your system, you will lose your driver's license for 60 days.

Under 18

If you are under the age of 18, a DUI offense will result in revocation of your driver's license until you reach the age of 18 or the applicable statutory period of revocation/suspension, whichever is longest.

Assessment

Following conviction, all DUI offenders are required to have an alcohol assessment to determine the nature and extent of their alcohol problems. You pay for the assessment.

Education / Treatment

Anytime your license is revoked for DUI, you must successfully complete a prescribed Safety and Treatment program before you will be eligible to reinstate your driving privileges. You will pay any program fees.

Test Refusal

If you refuse a breath, blood, or urine test, your license will be suspended for a period of one year. People who refuse to submit to a chemical test must successfully complete an alcohol education or treatment program before their driver's licenses can be reinstated.

Alcohol Interlock

The license suspension penalty can be reduced if you agree to participate in an ignition interlock program.

West Virginia is the only state where the DMV controls and administers the ignition interlock program. The program is voluntary and incentive-based for eligible offenders. To be eligible, offenders who elect to participate must be enrolled in or have completed a safety and treatment program. There is a $25 application fee and the device costs approximately $105. A local insurance company offers discounts for eligible DUI offenders that help to off set the penalty rates by approximately 50%.

Treatment

Assessment determines the depth of treatment required of first offenders. Phase I consists of three 18-hour components. Phase II (for more serious offenders, normally if your BAC was above .15) consists of group meetings and abstinence testing. Cost varies and you must pay.

Insurance

Your insurance rates will probably climb considerably, and your insurance carrier may drop you. The rates for family members and sometimes your employer can increase as well.

More Serious Charges

You may be charged with felony DUI (possibly leading to much greater penalties) if you are involved in a crash involving serious injury or death.