DUI DMV Penalties in West Virgina

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DMV Penalties

A DUI arrest can also result in suspension of your driver’s license privileges in addition to the potential criminal penalties. The West Virginia Division of Motor Vehicles (DMV) changed the law regarding license suspensions in late 2005. While there is more flexibility built into the new standards, the license penalties for some offenses are more burdensome. The new standard for license reinstatement in DUI cases requires use of the Interlock device for some suspended drivers. Previously, use of the Interlock was elective, or voluntary. Read more about the interlock by clicking here.

While these new standards reduces the initial period of suspension prior to the start of the Interlock program for some offenses, they increases the base suspension for others. It also greatly increases the amount of time the driver must keep the device in his or her vehicle, which equates to increased costs to the driver. Please be sure to review the notes found below the chart for more information.

DUI Offense Revocation Period
(No Interlock)
Revocation Period
(With Interlock)
Interlock Installation Period Interlock Participation Required
1st Offense (.08-.149) 6 months 15 days 120 days No
1st Offense (≤.15) n/a 45 days 270 days Yes
2nd Offense 10 years 1 year 2 years Yes
3rd or Subsequent Offense Life 1 year 1 year plus 1 year for every prior offense within 10 years. Yes
Under 21
1st Offense
60 days 30 days 5 months No
Under 21
2nd or Subsequent Offense
1 year or until 21st birthday, whichever is longer 60 days 1 year (for subsequent offenses, add another year) No
DUI w/ Death
(Reckless Disregard)
10 years 1 year 2 years No
DUI w/ Death
5 years 6 months 2 years No

DUI w/ Bodily Injury

2 years 2 months 1 year No
Permitting DUI 6 months 15 days 120 days No
DUI w/ Minor (< 16 years old) 1 year 2 months 10 months No
Refusal to Submit to Chemical Test- 1st Offense 1 year 45 days 1 year No
Refusal to Submit to Chemical Test- 2nd Offense 10 years 1 year 1 year plus 1 year for each prior conviction within ten years. Yes
  • There is an apparent conflict between the DUI suspension statutes and the Interlock program statutes that is evident when looking at the suspension periods for 2nd and 3rd offenses. The first suspension period shown on the chart is the old suspension period that was applicable several years ago. However, when the legislature enacted the mandatory Interlock program participation for 2nd and 3rd offenses, the old suspension terms were not removed. The new Interlock periods control over the old periods as the suspended driver has no option other than participating in the Interlock program on 2nd and 3rd offense cases.
  • In order to have license reinstated you must enroll in and complete the DUI Alcohol Safety Treatment Course and pay reinstatement fee
    • Completion of the above requirements will reduce a suspension for 1st Offense DUI (under .15) and Permitting DUI from 6 months to 90 days.
  • In order to enroll in Interlock Program:
    • Must have either completed or currently be enrolled in the DUI Alcohol Safety Treatment Course;
    • Must not have been convicted of driving on a suspended license within last 6 months;
    • Must not have been convicted of DUI- drugs;
    • Interlock Device must be installed on every vehicle owned or operated by the driver.
  • Any person who is in the Interlock Program and is caught driving a vehicle without the device installed is guilty of a misdemeanor and, upon conviction, shall be sentenced to 1 to 6 months in jail and fined $100- $500.
  • Any person who attempts to bypass the Interlock device is guilty of a misdemeanor and, upon conviction, shall be sentenced to jail for a period of time not more than 6 months and fined $100- $1,000.
  • A person enrolled in the Interlock Program may operate a motor vehicle without the device installed on it solely at his or her job site, if such is a condition of his or her employment. A job site does not include any street or highway open to the use of the public for the purposes of vehicular travel.
  • The commissioner of the West Virginia DMV may extend the period of revocation and the minimum period of participation in the Interlock Program for any person who violates the terms and conditions of the Interlock Program.

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