West Virginia DUI Laws & Penalties (2026)
West Virginia has very harsh penalties for repeat offenders — a 2nd DUI can result in a 10-year license revocation.
West Virginia DUI Penalties
1st Offense
2nd Offense
BAC Limits in West Virginia
📜 Expungement
DUI expungement is available in West Virginia. Waiting period: 10 years (first offense misdemeanor).
Expungement Guide →💰 Estimated Total Cost
A first DUI in West Virginia typically costs $10,000-$25,000+ including fines, attorney, classes, IID, and insurance increases.
Calculate Your Cost →Find a DUI Attorney in West Virginia
Connect with experienced DUI lawyers in Charleston, Huntington, Morgantown, and across West Virginia.
West Virginia DUI Deep Dives
🚨 First Offense Penalties
Complete guide to what happens on your first DUI in West Virginia.
🍺 BAC Limit
Legal BAC limits for standard, commercial, and under-21 drivers.
💰 DUI Cost
Full cost breakdown: fines, attorney, classes, insurance, and more.
🔧 Ignition Interlock Cost
IID installation, monthly fees, and provider comparison.
🚫 License Suspension
Suspension length, restricted license options, and reinstatement steps.
🧮 Cost Calculator
Estimate your total DUI cost with our interactive tool.
Official Sources & References
- 📋 W. Va. Code § 17C-5-2 — West Virginia DUI statute
- 🚗 West Virginia DMV — License suspension, reinstatement, IID requirements
- 📊 NHTSA Impaired Driving Data
- 🛡️ MADD — Mothers Against Drunk Driving
DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only. Consult a licensed attorney in West Virginia for advice specific to your situation.
West Virginia DUI FAQ
What is the BAC limit in West Virginia?
The legal BAC limit in West Virginia is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
What are the penalties for a first DUI in West Virginia?
A first DUI in West Virginia is a Misdemeanor. Penalties include Up to 6 months (24 hours mandatory) jail, $100–$500 in fines, and 15-day suspension + 6 months IID license suspension.
Is an ignition interlock device required in West Virginia?
Required for all offenses
Can a DUI be expunged in West Virginia?
Yes, DUI expungement is available in West Virginia. Waiting period: 10 years (first offense misdemeanor).
What is the lookback period for DUI in West Virginia?
West Virginia uses a 10-year lookback period to determine if an offense counts as a repeat offense.