West Virginia's rule on DUI penalties turns on a feature the national template does not capture: BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, safety and treatment program, and ignition-interlock conditions. Felony threshold: A third DUI within 10 years can be a felony; DUI causing death can also be a felony. The controlling authority is W. Va. Code § 17C-5-2. Lookback: Prior DUI convictions within 10 years enhance penalties.. Ignition interlock: Ignition interlock is commonly required for license reinstatement after DUI.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DUI convictions within 10 years enhance penalties.
- First-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, safety and treatment program, and ignition-interlock conditions.
- Felony threshold: A third DUI within 10 years can be a felony; DUI causing death can also be a felony.
- Ignition interlock: Ignition interlock is commonly required for license reinstatement after DUI.
- Primary authority: W. Va. Code § 17C-5-2.
Worked example under West Virginia law
The illustration below uses only rules already stated for West Virginia. It is a research hypothetical, not a prediction of what a court will do.
A driver in West Virginia is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, safety and treatment program, and ignition-interlock conditions.
- Ask when the charge becomes a felony: A third DUI within 10 years can be a felony; DUI causing death can also be a felony. Lookback: Prior DUI convictions within 10 years enhance penalties.
- Interlock: Ignition interlock is commonly required for license reinstatement after DUI.
West Virginia DUI under § 17C-5-2 proceeds in magistrate or circuit court with parallel DMV administrative actions.
Blood alcohol limits in West Virginia
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DUI convictions within 10 years enhance penalties.
First-offense penalties
First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, safety and treatment program, and ignition-interlock conditions.
When a West Virginia DUI becomes a felony
A third DUI within 10 years can be a felony; DUI causing death can also be a felony.
Ignition interlock and license consequences
Ignition interlock is commonly required for license reinstatement after DUI.
How a typical West Virginia DUI case unfolds
West Virginia DUI under § 17C-5-2 proceeds in magistrate or circuit court with parallel DMV administrative actions.
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Case law: DUI penalties in West Virginia
STATE of West Virginia v. Robert M. BARKER
STATE of West Virginia v. Robert M. BARKER, 179 W. Va. 194 (1988)
…peals his conviction by a Wood County jury of Third Offense Driving Under the Influence of Alcohol, W.Va. Code § 17C-5-2(i) (Supp.1987). Barker argues that the lower court erred in admitting (1) evidence of his prior convictions for driving under the influence; (2) the results of a Horizontal Gaze Nystag-mus Test; and (3) evidence that Barker refused to take a breathalyzer test…
STATE of West Virginia v. Robert M. BARKER is worth reading on West Virginia DUI penalties because the court put the point in its own words: "Wood County jury of Third Offense Driving Under the Influence of Alcohol, W.Va. Code § 17C-5-2(i) (Supp.1987)." Use that passage as the starting point, then read the facts that precede it.
Michael J. ALBRECHT v. STATE of West Virginia, W.Va. Dept. of Motor Vehicles, Et Al.
…is driver’s license by the Department of Motor Vehicles for driving under the influence of alcohol. Mr. Al-brecht’s primary contention is that an administrative revocation of his license could not occur unless he had been given one of the statutorily designated chemical tests. He also asserts that there was insufficient evidence to support the revocation. We disagree and, there…
West Virginia opinions such as Michael J. ALBRECHT v. STATE of West Virginia, W.Va. Dept. of Motor Vehicles, Et Al. are cited where DUI penalties is disputed. The court stated: "Department of Motor Vehicles for driving under the influence of alcohol. Mr. Al-brecht’s primary contention is that an administrative revocation of his license could not occur unless he had been given one of the statutorily designated chemical tests." That is the language to brief; the rest of the decision supplies the procedural posture.
Gary E. CARROLL, Petitioner Below, Appellee, v. F. Douglas STUMP, Commissioner of the West Virginia Division of
…ee Gary E. Carroll [Carroll] for a period of six months for driving under the influence of alcohol ("DUI") in violation of W. Va.Code § 17C-5-2 (2000)[2]. *263 For the reasons set forth below, we reverse the Circuit Court of Wayne County's January 14, 2004 order and remand this matter to the Circuit Court of Wayne County for immediate entry of an order reinstating the Commissio…
West Virginia opinions such as Gary E. CARROLL, Petitioner Below, Appellee, v. F. Douglas STUMP, Commissioner of the West Virginia Division of are cited where DUI penalties is disputed. The court stated: "Gary E. Carroll [Carroll] for a period of six months for driving under the influence of alcohol ('DUI') in violation of W. Va.Code § 17C-5-2 (2000)[2]." That is the language to brief; the rest of the decision supplies the procedural posture.
Jennings E. BOLEY, Plaintiff Below, Appellant, v. Jane L. CLINE, Commissioner, Department of Motor Vehicles
…n of the appellant’s license to operate a motor vehicle for driving under the influence of alcohol. W.Va.Code, 17C-5A-2 [1986]. For the reasons expressed below, tMs Court affirms the order of the circuit court. I On January 24, 1990, in Kanawha County, Trooper Gary L. Karastury of the Department of Public Safety was driving north on Interstate 77 toward Sissonville, West Virgi-…
Jennings E. BOLEY, Plaintiff Below, Appellant, v. Jane L. CLINE, Commissioner, Department of Motor Vehicles is worth reading on West Virginia DUI penalties because the court put the point in its own words: "W.Va.Code, 17C-5A-2 [1986]. For the reasons expressed below, tMs Court affirms the order of the circuit court. I On January 24, 1990, in Kanawha County, Trooper Gary L." Use that passage as the starting point, then read the facts that precede it.
STATE of West Virginia, Appellee, v. Thomas B. SHUGARS, Appellant
STATE of West Virginia, Appellee, v. Thomas B. SHUGARS, Appellant, 180 W. Va. 280 (1988)
…his conviction in the Circuit Court of Harrison County for driving under the influence of alcohol with reckless disregard for the safety of others, causing a death, and two counts of driving under the influence causing bodily injury. He assigns as error that the court admitted into evidence a blood sample not taken incident to a lawful arrest and evidence that was irrelevant,…
STATE of West Virginia, Appellee, v. Thomas B. SHUGARS, Appellant is worth reading on West Virginia DUI penalties because the court put the point in its own words: "Circuit Court of Harrison County for driving under the influence of alcohol with reckless disregard for the safety of others, causing a death, and two counts of driving under the influence causing bodily injury." Use that passage as the starting point, then read the facts that precede it.
David CHAPMAN Plaintiff Below, Appellee, v. the WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES, Defendant Below, Appellant
…appellee, David Chapman’s driver’s license, by the DMV for driving under the influence of alcohol, sec *218 ond offense. The DMV contends that the trial court erred in reversing the suspension order because the appellee admittedly refused to submit to a breathalyzer examination subsequent to his arrest for driving under the influence of alcohol, second offense. We agree with t…
Practitioners open David CHAPMAN Plaintiff Below, Appellee, v. the WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES, Defendant Below, Appellant when West Virginia DUI penalties turns on the distinction in this sentence: "David Chapman’s driver’s license, by the DMV for driving under the influence of alcohol, sec *218 ond offense." Do not lift it out of the facts the court was deciding.
STATE of West Virginia, Below v. Phillip CHEEK, Below
STATE of West Virginia, Below v. Phillip CHEEK, Below, 199 W. Va. 21 (1996)
…alid. Mr. Cheek was arrested for the misdemeanor offense of driving under the influence of alcohol, second offense; however, the alleged offense was committed outside the presence of the arresting officer. The State maintains that they had probable cause and that exigent circumstances, namely, the destruction of evidence through metabolism, required an immediate arrest, but, Mr…
STATE of West Virginia, Below v. Phillip CHEEK, Below is worth reading on West Virginia DUI penalties because the court put the point in its own words: "Mr. Cheek was arrested for the misdemeanor offense of driving under the influence of alcohol, second offense; however, the alleged offense was committed outside the presence of the arresting officer." Use that passage as the starting point, then read the facts that precede it.
Frequently asked questions
What is the legal BAC limit in West Virginia?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in West Virginia?
A third DUI within 10 years can be a felony; DUI causing death can also be a felony.
Will I need an ignition interlock device?
Ignition interlock is commonly required for license reinstatement after DUI.
This guide covers West Virginia impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.