West Virginia DUI Laws

Updated: Jul 23, 2021

So you’re from the State of West Virginia and have received a DUI, right? Well then, let us provide you with details about West Virginia’s DUI laws. Understanding the consequences you face and potential remedies can help you make informed decisions.

The West Virginia DUI Law

  • A BAC of .08 or higher is Legally Drunk in the State of West Virginia, and you can be convicted of a DUI.
  • A BAC above .05 may result in a conviction, and the revocation of your driver’s license.
  • Refusal of the designated Breathalyzer test will result in the revocation of your driver’s license.

To reinstate your driver's license after your license has been revoked for a DUI offense, you must complete a prescribed DUI safety and treatment program.

The Penalties

  • Fine: From $150 to $300.
  • Impact on License: Possible suspension from 6 to 9 Months.
  • Alcohol Assessment: May be required.

West Virginia DUI Education

If you received a DUI in the state of West Virginia, you will need to complete the Safety and Treatment Program through one of the authorized West Virginia Providers. The West Virginia Program Curriculum is comprised of two components:

  • 18 hours of DUI education
  • A substance abuse evaluation/assessment

Out of state residents

The State of West Virginia requires that you complete a substance abuse evaluation/assessment and 18 hours of driver under the influence education. Driving under the influence education and evaluation may be completed outside of West Virginia if you are not a resident of West Virginia but have been charged with driving under the influence.

For more information, See this page.

DUI Deferral Program

If a driver receives a first offense West Virginia DUI they are eligible for conditional probation and DUI dismissal if:

  • It's a first offense
  • BAC is less than 0.15%
  • Don't have a commercial driver's license (CDL) at the time of arrest

After a mandatory 15 day license suspension, the driver must then participate in the ignition interlock program for 165 days. Once proof of completion is shown to the court after that time period, the DUI is dismissed.

The Solution

To have your license reinstated, you must file an SR22 form which you can attain from your insurance provider.

You will be required to carry your SR22 insurance for a period of 3 years.

Are you permitted to take your DUI course online? If so, our course is right for you. It’s simple, easy and affordable. The best part is, you can start and stop at your own pace. And we have an excellent customer service team at your disposal, available 24/7. Enroll today!

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