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West Virginia DUI DWI Laws

West Virginia DUI Lawyers - Drunk Driving Attorneys

West Virgina
West Virginia

West Virginia DUI Forum | SR22 Insurance Requirements

The maximum prescribed legal BAC limit in West Virginia is 0.08% per se
(effective from May 4th 2004)

Cheap SR22 Auto Insurance Quotes for High Risk Drivers in West Virginia

West Virginia DUI Laws & BAC Limits | West Virginia DUI Penalties

West Virginia DUI SR22 Insurance

West Virginia Drunk Driving Statistics

Useful West Virginia DUI Links | Latest West Virginia DUI News


DUI - Drunk Driving Laws in other States


West Virginia Drunk Driving Laws

(If you’ve been charged with West Virginia DUI, the law allows 10 days for your West Virginia DUI Lawyer to make a request for a West Virginia Division of Motor Vehicles (DMV) administrative hearing to save your driving license)

West Virginia is a member of the Interstate Drivers License Compact
An agreement between participating states to share information regarding certain types of convictions including DUI - DWI and related Drunk Driving offenses. If a resident of one state gets convicted of a drunk driving offense in another state, the driver's home state will be notified. The type of action that the driver's home state will take will vary from state to state.

West Virginia DUI DWI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of West Virginia it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in West Virginia and implied consent laws are enforced.

!! CAUTION - Driving Ability Impaired !!

You can be prosecuted in West Virginia without driving while you are over the legal prescribed bac limit.

Under West Virginia law, it is unlawful to drive with a BAC limit above the per se laws OR to drive while impaired under the influence of alcohol and/or drugs.

Under this law the prosecution must show that the driver was IMPAIRED by alcohol and/or drugs. The level of impairment is usually based on observations and evidence of driving ability (or rather inability), physical appearance, field sobriety tests and any other relevant evidence which can help prove a persons driving ability was indeed impaired. Different amounts of alcohol can affect people in different ways, what may impair one persons driving ability and make them feel drunk, might not necessarily impair another persons driving ability.

Observations from a law enforcement officer that may lead to being stopped and arrested include:

  • Making a turn too widely or narrowly
  • Using two lanes, straddling the center line
  • Almost hitting someone or something
  • Weaving or drifting from one side of the road to another
  • Driving too slowly and being overly cautious
  • Driving too close to vehicle in front
  • Driving ON the center lines
  • Erratic braking
  • Swerving to correct course of vehicle

You can be charged with an offence regardless of your BAC level, as long as impairment can be proved to the legal extent necessary.

A skilled drunk driving attorney can help you defend any charges against you

West Virginia BAC Calculator

BLOOD ALCOHOL CONTENT CALCULATOR
Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!
BAC - Blood Alcohol Content Calculator

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Penalties for DUI DWI - Drunk Driving in West Virginia

West Virginia is a state with a ten-year ‘washout period’ also known as a 'look back period'.

NOTE: Out of State Convictions
Any conviction within the preceding 10 years under municipal ordinance of West Virginia or any other state, of an offense which has the same elements as a West Virginia DUI offense will be classed as a prior conviction.


First Dui DWI- Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DUI DWI - drunk driving conviction in West Virginia:

  • Fine: $100 to $500 fine
  • Jail: up to 6 months in jail
  • License Revocation: 6 months drivers license revocation (ignition interlock restricted drivers license may be available after 45 days of suspension)
  • must complete treatment program before drivers license is re-instated
  • SR22 insurance requirement

Second DUI DWI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DUI DWI - drunk driving conviction in West Virginia:

  • Fine: $1,000 to $3,000 fine
  • Jail: 6 months to 1 year in jail
  • License Revocation: 10 years drivers license revocation (may be reduced to 5 years upon completion of safety and treatment program)
  • must complete treatment program before drivers license is re-instated
  • SR22 insurance requirement

Third (and subsequent) DUI DWI - Drunk Driving Conviction - Felony

The penalty for a third DUI DWI - drunk driving conviction in West Virginia:

  • Fine: $3,000 to $5,000 fine
  • Jail: 1 to 3 years in jail
  • License Revocation: lifetime revocation of drivers license (may be reduced to 10 years upon completion of safety and treatment program)
  • must complete treatment program before drivers license is re-instated
  • SR22 insurance requirement

 

Implied consent LAWS

Implied Consent Chemical Testing

It is an offense to refuse to submit to a chemical test in West Virginia and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in West Virginia

In West Virginia, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

FIRST CHEMICAL TEST REFUSAL

SECOND Chemical test REFUSAL

Third (and subsequent) Chemical test REFUSAL

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West Virginia SR22 insurance (High Risk auto Insurance)

Compare West Virginia SR22 Auto Insurance Rates and Save $$$'s
West Virginia SR22 Insurance



West Virginia SR22 Insurance Quote Line - Toll Free


list of auto insurance companies we search to find you the best rate

West Virginia SR-22 auto insurance is usually required for a period of 3 years after a DUI DWI - drunk driving - alcohol related driving conviction and can be very expensive if you go with the wrong provider.  Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for West Virginia auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of West Virginia

The minimum mandatory liability insurance coverage required in the state of West Virginia for private passenger vehicles is (20/40/10). This equates to the following liability coverage:

  • $20,000 bodily injury liability (BIL) per person
  • $40,000 for two or more people in one accident
  • $10,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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Disclaimer: While every effort is made to keep all information up to date, the West Virginia drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local West Virginia DUI lawyer is recommended in all cases.

 

Useful West Virginia DUI Links:

DUI - Drunk Driving Laws in West Virginia

West Virginia Drivers Manual

West Virginia SR22 Insurance Requirement

West Virginia Division of Motor Vehicles (DMV)

West Virginia Department of Transportation

West Virginia State Courts

West Virginia Department of Insurance

West Virginia DUI Lawyers

West Virginia DUI discussion forum

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Latest West Virginia DUI News

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This RSS feed URL is deprecated, please update. New URLs can be found in the footers at https://news.google.com/news
Mon, 25 Jun 2018 07:43:26 GMT

1 teen dead, 1 teen charged in DUI crash in West Virginia - WKYT


WKYT

1 teen dead, 1 teen charged in DUI crash in West Virginia
WKYT
DANVILLE, W.Va. (AP) - A West Virginia teen has been charged in a wreck that killed his teen passenger. The Charleston Gazette-Mail reports that 19-year-old Dylan Levi Price has been charged with driving under the influence causing death in connection ...


Mon, 28 May 2018 15:21:34 GMT

Va. man placed on home confinement in 2017 DUI crash - Herald-Mail Media


Herald-Mail Media

Va. man placed on home confinement in 2017 DUI crash
Herald-Mail Media
MARTINSBURG, W.Va. ? A Winchester, Va., man pleaded guilty Tuesday in Berkeley County (W.Va.) Circuit Court to driving under the influence causing serious bodily injury stemming from a May 2017 head-on crash on Interstate 81 in which he drove the ...


Wed, 30 May 2018 00:11:37 GMT

W.Va. governor's vehicle rear-ended by suspected DUI driver - Huntington Herald Dispatch


W.Va. governor's vehicle rear-ended by suspected DUI driver
Huntington Herald Dispatch
BECKLEY ? West Virginia Gov. Jim Justice's GMC Suburban was rear-ended Saturday night by a suspected DUI driver while the governor and first lady Cathy Justice were stopped at a red light in the Beckley area, according to a release by the governor's ...

and more »

Sun, 27 May 2018 00:51:42 GMT

Washington County Sheriff's Deputy put on paid leave after DUI arrest - The News Center


The News Center

Washington County Sheriff's Deputy put on paid leave after DUI arrest
The News Center
The complaint says a test administered at the holding center showed his blood-alcohol level to be above 0.08, which is the level at which someone is considered intoxicated in West Virginia. Thorpe was released on bond after appearing in magistrate court.

and more »

Tue, 29 May 2018 20:57:23 GMT

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West Virginia Cities
Barboursville
Beckley
Berkeley Springs
Bluefield
Buckhannon
Charles Town
Charleston
Clarksburg
Dunbar
Elkins
Fairmont
Fayetteville
Franklin
Grafton
Hinton
Huntington
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Keyser
Kingwood
Lewisburg
Logan
Madison
Martinsburg
Moorefield
Morgantown
Moundsville
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Parkersburg
Parsons
Philippi
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Point Pleasant
Princeton
Ripley
Romney
Saint Albans
Spencer
Summersville
Sutton
Wayne
Webster Springs
Weirton
Welch
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West Charleston
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Wheeling
Williamson
West Virginia Counties
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Jackson
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Ohio
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Webster
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Wood
Wyoming

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