Question 1

What penalty applies to a first Zero Tolerance offense for a West Virginia driver under 21 with any measurable alcohol?

Accepted Answer

A $25-$100 fine and a minimum 30-day license revocation — A first Zero Tolerance offense (under 21, any measurable alcohol) brings a $25-$100 fine and a minimum 30-day revocation; a second brings $100-$500, 24 hours jail, and 60 days or until 18, whichever is greater.

Question 2

How does a first West Virginia DUI conviction's penalty change if the driver's BAC is .15 or higher, versus under .15?

Accepted Answer

The fine rises to $200-$1,000 and the minimum revocation rises to 45 days, versus $100-$500 and 15 days under .15 — A first DUI under .15 BAC brings $100-$500, up to 6 months jail, and a 15-day minimum revocation; at .15 BAC or higher, it's $200-$1,000, 2 days to 6 months jail, and a 45-day minimum revocation.

Question 3

What makes a West Virginia DUI conviction a felony, according to the penalty chart?

Accepted Answer

Causing a death -- carrying a $1,000-$3,000 fine, 3 to 15 years in prison, and a 1-year minimum revocation — A DUI conviction causing a death is a felony, carrying a $1,000-$3,000 fine, 3 to 15 years in prison, and a minimum 1-year license revocation.

Question 4

What jail term applies to a third or subsequent DUI conviction in West Virginia?

Accepted Answer

1 to 3 years, longer than either a first or second DUI offense — A second DUI conviction brings $1,000-$3,000, 6-12 months jail, and a 1-year minimum revocation; a third or later brings $3,000-$5,000, 1 to 3 years in prison, and the same 1-year minimum revocation.

Question 5

How long can a West Virginia driver's license be revoked for refusing the Breathalyzer under the Implied Consent Law?

Accepted Answer

One year up to a lifetime revocation, decided case by case — Refusing the Breathalyzer under West Virginia's Implied Consent Law results in a license revocation of one year up to life.

Question 6

When is participation in West Virginia's Ignition Interlock Program mandatory?

Accepted Answer

When a driver has been revoked for two or more DUI-related offenses within a ten-year period — Interlock Program participation is mandatory for a driver revoked for two or more DUI-related offenses within a ten-year period; applying before a scheduled revocation begins can avoid serving the minimum revocation period.

Question 7

What happens to a West Virginia driver under 18 who receives a DUI?

Accepted Answer

Their license is revoked until they turn 18 or for the statutory period, whichever is longer, plus a Safety and Treatment program — A driver under 18 with a DUI has their license revoked until 18 or for the applicable statutory period, whichever is longer, and must complete a Safety and Treatment program before reinstatement.

West Virginia: DUI & Alcohol Laws Questions

1. What penalty applies to a first Zero Tolerance offense for a West Virginia driver under 21 with any measurable alcohol?

2. How does a first West Virginia DUI conviction's penalty change if the driver's BAC is .15 or higher, versus under .15?

3. What makes a West Virginia DUI conviction a felony, according to the penalty chart?

4. What jail term applies to a third or subsequent DUI conviction in West Virginia?

5. How long can a West Virginia driver's license be revoked for refusing the Breathalyzer under the Implied Consent Law?

6. When is participation in West Virginia's Ignition Interlock Program mandatory?

7. What happens to a West Virginia driver under 18 who receives a DUI?

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