West Virginia · DUI

West Virginia DUI laws and penalties

West Virginia's legal BAC limit is 0.08%. For a first offense, West Virginia's statute provides jail of up to 6 months, a fine of $100 to $500, and a license suspension of 6 months. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.15%; Where the penalties step up
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 10 years; Prior DUI offenses that count

License hearing: no fixed request deadline

West Virginia has no administrative revocation or hearing after a DUI arrest; the Commissioner revokes the license after a conviction that is not appealed or is affirmed.

Ignition interlock required in some cases

Higher BAC level. At 0.15 or more a first offense carries at least 2 days in jail, a $200 to $1,000 fine, a one-year revocation, and mandatory interlock participation.

Ignition interlock. Optional for a standard first offense (it cuts the revocation to 15 days plus 125 days with an interlock); mandatory at 0.15 or more.

West Virginia has no administrative arrest-based license revocation or hearing; the license is revoked on conviction. Standard first offense (impaired state, below 0.15): up to six months in jail, $100-$500, six-month revocation; at 0.15 or more: two to six months, $200-$1,000, one-year revocation and mandatory interlock program. Second offense: six months to one year. Amended in the 2026 session ('Baylea's Law').

01Penalties

West Virginia DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).

West Virginia statutory DUI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	6 months
Jail (maximum)	6 months	1 year
Fine (minimum)	$100	$1,000
Fine (maximum)	$500	$3,000
License suspension	6 months	10 years

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How West Virginia compares

Of the 49 states with a confirmed BAC limit, 48 (West Virginia among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. West Virginia requires one in some cases.

West Virginia and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Kentucky	0.08%	No fixed deadline	In some cases	48 hours to 30 days	$200 to $500	6 months suspension
Maryland	0.08%	10 days	Required	Up to 1 year	Up to $1,200	Revocation on 12 points; suspension of up to 6 months in lieu for an ignition interlock participant
Ohio	0.08%	30 days	In some cases	3 days to 6 months	$565 to $1,075	1 to 3 years
Pennsylvania	0.08%	30 days	In some cases	Up to 6 months	$300	None
Virginia	0.08%	7 days	In some cases	Up to 12 months	$250 to $2,500	1 year
West Virginia (this page)	0.08%	No fixed deadline	In some cases	Up to 6 months	$100 to $500	6 months

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in West Virginia

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
West Virginia has no administrative revocation or hearing after a DUI arrest; the Commissioner revokes the license after a conviction that is not appealed or is affirmed.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, West Virginia's statute provides jail of up to 6 months, a fine of $100 to $500, and a license suspension of 6 months. See the penalties table above.

04Sources

Where West Virginia's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

W. Va. Code § 17C-5-2(e) (code.wvlegislature.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
W. Va. Code § 17C-5A-1a(a)(1) (code.wvlegislature.gov)License hearing request
W. Va. Code § 17C-5A-3a(b)(1), (c)(1) (code.wvlegislature.gov)Ignition interlock, first offense

Show the exact words behind each figure

Main statute

W. Va. Code § 17C-5-2

W. Va. Code § 17C-5-2(e)

Any person who drives a vehicle on any public highway or private road in this state: (1) while he or she is in an impaired state; or (2) while he or she is in an impaired state but has an alcohol concentration in his or her blood of less than fifteen hundredths of one percent, by weight, is guilty of a misdemeanor

BAC limit, age 21 and over

0.08%

W. Va. Code § 17C-5-2(a)(1)(E)

Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.

Higher BAC level

0.15%

W. Va. Code § 17C-5-2(f)

Any person who drives a vehicle on any public highway or private road in this state while he or she has an alcohol concentration in his or her blood of fifteen hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than six months

BAC limit under 21

0.02%

W. Va. Code § 17C-5-2(j)(1)

Any person under the age of 21 years who drives a vehicle on any public highway or private road in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight

Lookback period

10 years

W. Va. Code § 17C-5-2(n)(1)

Any conviction under the provisions of subsection (b), (c), (d), (e), (f), (g), (h), or (i) of this section, or under a prior enactment of this section, for an offense which occurred within the 10-year period immediately preceding the date of arrest in the current proceeding

License hearing request

No fixed deadline

W. Va. Code § 17C-5A-1a(a)(1)

The person is convicted of an offense defined in §17C-5-2 of this code, which requires a minimum period of revocation or suspension of the person's license to operate a motor vehicle, and the person does not appeal the conviction

Ignition interlock, first offense

Required in some cases

W. Va. Code § 17C-5A-3a(b)(1), (c)(1)

the minimum period of revocation for participation in the test and lock program is 15 days and the minimum period for the use of the ignition interlock device is 125 days

First offense: jail, minimum

None

W. Va. Code § 17C-5-2(e)

may be confined in jail for up to six months and shall be fined not less than $100 nor more than $500

First offense: jail, maximum

6 months

W. Va. Code § 17C-5-2(e)

Same passage as above.

First offense: fine, minimum

$100

W. Va. Code § 17C-5-2(e)

Same passage as above.

First offense: fine, maximum

$500

W. Va. Code § 17C-5-2(e)

Same passage as above.

First offense: license

6 months

W. Va. Code § 17C-5-2(e)

and shall have his or her license to operate a motor vehicle revoked by the Commissioner of the Division of Motor Vehicles for a period of six months or for a period of time conditioned on participation in the test and lock program

Second offense: jail, minimum

6 months

W. Va. Code § 17C-5-2(l)

shall be confined in jail for not less than six months nor more than one year, may be fined not less than $1,000 nor more than $3,000

Second offense: jail, maximum

1 year

W. Va. Code § 17C-5-2(l)

Same passage as above.

Second offense: fine, minimum

$1,000

W. Va. Code § 17C-5-2(l)

Same passage as above.

Second offense: fine, maximum

$3,000

W. Va. Code § 17C-5-2(l)

Same passage as above.

Second offense: license

10 years

W. Va. Code § 17C-5-2(l)

shall have his or her license to operate a motor vehicle revoked by the Commissioner of the Division of Motor Vehicles for 10 years or for a period of time conditioned on participation in the test and lock program

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

West Virginia DUI laws at a glance