West Virginia DUI DWI Laws

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

(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 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.

West Virginia BAC Calculator

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

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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', this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within ten years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.

First Dui DWI- Drunk Driving Conviction - MISDEMEANOR

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

• $100 to $500 fine
• 1 day to 6 months in jail
• up to 6 months drivers license suspension (possible ignition interlock restricted drivers license available after 15 days)
• 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:

• $1,000 to $3,000 fine
• 6 months to 1 year in jail
• up to 10 years drivers license suspension (possible ignition interlock restricted drivers license available after 1 year )
• possible ignition interlock restriction
• must complete treatment program before drivers license is re-instated
• SR22 insurance requirement

Third DUI DWI - Drunk Driving Conviction - Possible Felony

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

• $3,000 to $5,000 fine
• 1 to 3 years in jail
• possible lifetime revocation of drivers license
• ignition interlock restriction if drivers license not revoked for life
• must complete treatment program before drivers license is re-instated
• SR22 insurance requirement

A fourth of subsequent DUI in a period of seven years is considered a felony.

Implied consent LAWS

It is a crime 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

• 1 year drivers license suspension
• SR22 insurance requirement

SECOND and subsequent Chemical test REFUSAL

• 1 year to lifetime drivers license suspension
• SR22 insurance requirement

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West Virginia SR22 insurance (High Risk DUI SR22 Insurance)

West Virginia auto insurance quotes ZIP Code

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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FREE DUI / DWI Case evaluation & by local West Virginia Lawyer

OR

Protect your rights! Talk to a local DUI lawyer West Virginia DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your West Virginia drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local West Virginia Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in West Virginia? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in West Virginia? • Does West Virginia have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with West Virginia laws and procedures ? • When and how can you get your driver’s license reinstated in West Virginia? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local West Virginia criminal defense attorney specialising in West Virginia drunk driving laws today.

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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 should not be construed as legal advice. 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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