West Virginia Driving While Intoxicated Law
In common with many other States, a DWI arrest in West Virginia will lead to two cases being brought against the defendant, a criminal case and a Department of Motor Vehicles case. If you have been arrested for DWI in West Virginia, you will face an immediate 7 day suspension of your license. Therefore it is essential that you contact a West Virginia DWI lawyer as soon as possible.
Charges for DWI in West Virginia can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08%, with enhancements for those registering a BAC of 0.15% or higher, or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DWI lawyer will be able to handle each of these situations.
Like several other states, West Virginia has a doctrine of implied consent - whereby it is assumed that you have consented to being tested and thus refusal will lead to stiffer penalties.
West Virginia has a “washout period” of 10 years any further convictions will lead to heavier sentencing.
| Conviction | Punishment |
| First | 24 hours incarceration, up to a maximum of 6 months. Fine of between $100 and $500 plus court costs and surcharges. 90 day license revocation. |
| Second within 10 years | 5 year license revocation. At least 6 months jail term to a maximum of 1 year. Fine between $1000 and $3000 |
| Third within 10 years or subsequent | Minimum fine of $3000 up to $5000. Jail term of between 1 year and 3 years. License revocation of 10 years. |
Contact your Charleston DUI lawyer