West Virginia DUI FAQ

Under the old West Virginia DUI laws that were in place in for decades, there existed two entirely separate court systems, the criminal court and the driver’s license administrative court (a.k.a. “DMV hearings”). Under the old system, the result that occurred in the criminal court, a plea to a lesser charge, dismissed, a not guilty verdict, etc., did not affect or control the subsequent result in the driver’s license administrative court. Under the new DUI legislation that went into effect on July 1, 2020 in West Virginia, there is one court system that now handles all aspects of a DUI case, including criminal penalty and driver’s license penalty. Simply put, if you are not convicted of DUI, there is no license suspension. Conversely, if you are convicted of any type of DUI, the level of DUI conviction received will determine the type of driver’s license sanction the citizen ultimately receives from the West Virginia Division of Motor Vehicles (e.g. DUI 1st non-aggravated, DUI 1st aggravated, DUI drugs, DUI 2nd, etc.).

It is imperative that you contact The Wagner Law Firm to protect yourself from a DUI conviction and the penalties it carries.

After your suspension ends, you are eligible to have your license reinstated upon completion of the DUI Safety and Treatment Program. It is possible that you could have a lifetime suspension if you are a repeat offender or have not taken the necessary steps to get your license lawfully reinstated. Don’t let this happen to you. It is important that you still be able to drive so you can get to court, work, and school.

West Virginia has an implied consent law, meaning that by driving in the state, you are considered to have consented to a breath or blood test if you are lawfully arrested for DUI. What changed on July 1, 2020, when Senate Bill 130 took effect, is how a refusal is handled — DUI cases are now handled entirely within the criminal court system, rather than being split between criminal court and a separate DMV administrative hearing.

If you refuse the secondary breath or blood test after a lawful DUI arrest, you have 30 days from your arraignment to request a “refusal hearing” to challenge that refusal. If you don’t request this hearing in time, or the hearing doesn’t go in your favor, you can face a one-year hard suspension of your driver’s license — or, alternatively, a 45-day hard, no-driving suspension followed by one year of required participation in the interlock Test and Lock program (a combined period of about 410 days). Given how quickly the 30-day window closes and how much is at stake, it’s important to contact The Wagner Law Firm promptly if you’re facing a refusal allegation.

Unlike many other states, if your license is suspended due to a DUI, you cannot be put back on the road immediately with a restricted license to drive to and from work. The only possible way to reduce the length of your suspension is to participate in the alcohol test and lock program. Talk to Harley Wagner about this program – which requires the installation of an ignition interlock device – and how you can apply for it right away.

The following are several examples when you must report a DUI to your boss:

It says so on your employment contract or policy: If a company policy or your employment contract states are you are obligated to disclose any arrests or convictions with your employer, you must do so. Failure to uphold your contract can lead to getting fired from your job.

Your job requires you to drive: Whether you have a commercial driver’s license (CDL) or operate a company vehicle, a DUI arrest can affect your ability to perform your work duties. In addition, your employer may be held liable for any accidents or injuries you cause, if the injured party shows in court that your employer knew or should’ve known about your DUI and allowed you to drive.

You hold a professional license: Professionals such as doctors, teachers, realtors, plumbers, lawyers, and other workers licensed by the State of West Virginia are required to report any arrests prior to renewing their professional license. However, if a professional obtains treatment or counseling soon after arrest, this might be enough to keep your professional license.

Your boss finds out: Sometimes gossip from coworkers make it all the way to the top. If your boss finds out about your DUI through word of mouth, it is wise to be honest and avoid denying your arrest. Ask your employer to judge you by your overall body of work and for their patience while the criminal justice process plays out.

West Virginia law uses the term “DUI” (driving under the influence) rather than “DWI” (driving while intoxicated). The two terms are often used interchangeably in everyday conversation, but under West Virginia Code, DUI is the only offense that actually exists. For a deeper look at how these terms compare, see our full guide: West Virginia DUI vs. DWI.

For most drivers 21 and older, the legal limit is a blood alcohol concentration (BAC) of 0.08%. Commercial driver’s license (CDL) holders face a lower limit of 0.04%, and drivers under 21 are held to West Virginia’s zero tolerance law, meaning any detectable amount of alcohol can result in a charge. Even a BAC below these limits doesn’t guarantee you won’t be arrested if an officer believes you were impaired.

Yes. A first-offense DUI in West Virginia is a misdemeanor criminal offense, and repeat or aggravated offenses can be charged as felonies. A DUI conviction becomes part of your criminal record, which is why it’s worth fighting the charge rather than assuming a plea is your only option.

Not necessarily. In West Virginia, preliminary hearings generally apply to felony-level charges, such as a third-offense DUI or a DUI causing serious bodily injury or death. A routine misdemeanor DUI, including a first or second offense, is typically handled directly in magistrate court and does not go through a preliminary hearing. For more detail on what happens at this stage, see our guide to preliminary hearings in West Virginia.

Penalties increase substantially with each subsequent DUI conviction, including longer license revocation periods, higher fines, and the possibility of felony charges by the third offense. If you’re facing a repeat DUI charge, see our guide on what to expect with a second DUI offense, and contact us as soon as possible to discuss your specific situation.

Yes. CDL holders face a lower legal BAC limit (0.04% instead of 0.08%), and a DUI conviction — even one that occurs while driving a personal vehicle — can result in suspension or disqualification of your commercial driving privileges in addition to standard penalties. Learn more in our guide to commercial license DUI laws in West Virginia.

Yes — roadside field sobriety tests are voluntary in West Virginia, and refusing them does not carry the same automatic license consequences as refusing the secondary breath or blood test at the police station discussed above. That said, refusing can still factor into an officer’s decision to arrest you. For more on this distinction, see our guide on refusing a field sobriety test in West Virginia.

Yes, a DUI conviction is part of your criminal record and can appear on background checks, potentially affecting employment, housing, and other opportunities. See our guide on how a DUI affects a background check for more detail.