• State Penal Code – WVC Code 20-7-17c
• Open Container Laws – None
• Repeat Offender Laws – Yes
• Check Points – Yes – weekly
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in West Virginia are:

1st Refusal

• 1 year license revocation

2nd Refusal

• 5 – 10 year license revocation

3rd Refusal

• lifetime license revocation

• In West Virginia the lookback period is 10 years
• Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 60 day license revocation
• $25 – $100 fine

2nd Offense

• 1 year license revocation (or until your 21st birthday)
• $100 – $500 fine
• Prison (24 hours)
• Installation of Ignition Interlock Device

1st Offense

• 6 month license revocation

• $100 – $500 fine

• Installation of Ignition Interlock Device

2nd Offense

• 10 year license revocation

• $1000 – $3000 fine

• Prison (6 month minimum, 1 year maximum)
• Installation of Ignition Interlock Device

• Aggravated charges add 48 hours minimum jail time to a first offense, as well as raising the maximum fine to $1000

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In West Virginia an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• West Virginia does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved