Close Menu
Better Understand the Law
Home > West Virginia DUI Law

DUI & DWI in West Virginia

You’ve found the right article if you’re looking for a West Virginia DUI attorney or need background on WV DUI and alcohol laws.

We’ll use this article to explain:

  • West Virginia DUI Laws
  • West Virginia DUI Punishments
  • Potential DUI Defenses
  • West Virginia’s Other Drunk Driving and Alcohol Laws
  • How to Find an West Virginia DUI Attorney

We’ll provide general educational DUI information; however, it’s not legal advice. Always consult with a qualified West Virginia DUI defense lawyer for advice regarding your individual case.

When is a Driver Considered to be Legally Drunk in West Virginia?

West Virginia drunk driving laws are found in The West Virginia Code. Most people want to know the West Virginia BAC (Blood Alcohol Content) laws, so we’ve included those here.

The allowable BAC depends on what kind of driver you are: adult, underage, or commercial (including school bus). Just one or two drinks can put you over the limit.

  • Adult Driver: .08 or higher = drunk driving.
  • Under 21 Driver: .02 or higher = drunk driving.
  • Commercial Drivers (Including School Bus Drivers): .04 or higher = drunk driving.

What is West Virginia’s Punishment for DUI Convictions?

Here are the basic DUI WV penalties:

  • 1st DUI Conviction: Jail time of 1 day to 6 months – fines of $100 to $500- driver’s license suspension of 6 months – loss of commercial license.
  • 2nd DUI Conviction within10 Years: Jail time of 6 months to 1 year – fines of $1,000 to $3,000 – driver’s license suspension of 10 years – loss of commercial license.
  • 3rd DUI Conviction within 10Years: Jail time of 1 to 3 years – fines of $3,000 to $5,000 – driver’s license suspension for life – loss of commercial license.

Severely enhanced penalties apply – more jail time – higher fines – and longer driver’s license suspension – if you drove with reckless disregard of safety, caused serious bodily injury, caused death, or drove with a child under the age of 16 in your car.

West Virginia Drunk Driving Defenses

In the eyes of the law, you are innocent until proven guilty. This means that an arrest doesn’t guarantee conviction. Perhaps a mistake was made in the DUI process: no probable cause for original stop, mistake in DUI testing or reporting, mistake during trial.

Your DUI defense attorney may be able to get the charges dropped or reduced or get you the minimum penalties – instead of the maximum.

West Virginia’s Other Drunk Driving and Alcohol Laws

West Virginia’s Dram Shop Act
West Virginia law provides that a licensed drinking establishment (that serves a visibly intoxicated or underage person)must financially compensate third parties who are injured as a result of that service.

West Virginia’s Providing Alcohol to Underage Persons Law
If an individual furnishes alcohol to a person who is both underage and unrelated, a crime has been committed. A fine up to $100 and up to 10 days in jail are associated penalties.

How to Find a West Virginia DUI Attorney

We hope this article has been of help and we encourage you to hire the WV DUI defense attorney of your choice. To find a West Virginia DUI lawyer, search our website,, or ask friends or the bar association for a referral.

Share This Page:
Facebook Twitter LinkedIn