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Last Modified on Jun 09, 2026
Prosecutors in West Virginia take driving under the influence (DUI) cases seriously. You may find yourself charged with DUI after being pulled over in a legal traffic stop in Charleston or caught speeding after a night out with friends in Lewisburg.
When you face the question, “What are the penalties for DUI in West Virginia?” the legal team at Wooton, Davis, Hussell & Johnson, PLLC, has the answers and is here to defend you.
What Counts as a DUI in West Virginia?
In West Virginia, if you are at or above the legal drinking age of 21, you can be arrested and charged with driving under the influence if you have a blood alcohol concentration (BAC), at or above the legal limit of 0.08%. If you are a minor, this limit drops to 0.02%, and if you are a commercial driver, the level sits at 0.04%.
According to a recent study, 37 people are killed every day because of drunk driving, and in 2024, 804,926 Americans were arrested for suspected DUI. While a DUI is typically charged as a misdemeanor offense in West Virginia, there are certain circumstances under which these charges can be upgraded to a felony. These aggravating circumstances can include:
- Having a BAC of 0.15% or higher
- Attempting to flee the police
- Driving drunk with a minor present in their vehicle
- Driving drunk caused a traffic accident and the serious injury or death of another individual.
West Virginia DUI Penalties
When you are charged with a DUI in West Virginia, it is important to gain a clear understanding of the penalties you might face if you are convicted. The prosecution is going to take these charges seriously, and you should not attempt to go up against the prosecution without a dedicated DUI defense attorney on your side. Penalties for DUIs in West Virginia are as follows:
- First-time DUI offense. Typically charged as a misdemeanor unless there are aggravating circumstances present, individuals convicted of a first-time DUI can typically face a combination of fines, possible jail time, and the suspension of their driver’s license.
- Second DUI offense. If you are arrested and convicted of a DUI for the second time in West Virginia, you likely can face harsher punishments, including longer license suspension, larger monetary fines, and mandatory jail time.
- Third DUI offense. In cases where this is your third or subsequent DUI charge, your case will likely be treated as a felony offense, and you could find yourself facing prison time.
It is important to remember that not all consequences of a criminal charge, including a DUI, are legal in nature. In fact, there are a large number of consequences that can affect your personal and professional life. These consequences can affect:
- Employment. When you are convicted of a DUI, not only can you face license suspension, which can cause you to deal with hardships in regard to employment, but you will also be hit with a permanent criminal record, and individuals with a criminal record face a 30% unemployment rate in the United States.
- Housing. Landlords might be hesitant to sign leases with individuals who have been convicted of any criminal act in the past, including those with a DUI conviction on record.
- Licenses and certifications. For some people, such as doctors or teachers, having a DUI conviction on record means they could lose certain professional licenses and certifications, harming their ability to gain or keep employment.
- Family relationships. Being convicted of a DUI can also place immense stress on your relationships with friends and family. If you find yourself involved in a custody battle, this conviction can be used against you.
- Education and scholarship opportunities. For minor individuals who are convicted of a DUI, it can prove harder to maintain or gain new educational and scholarship opportunities.
When you need to be defended against DUI charges in West Virginia, you need an attorney who understands all of the penalties involved and what they might mean for your future. At Wooton, Davis, Hussell & Johnson, PLLC, we are here for you.
FAQs
How Can You Defend a DUI Charge in West Virginia?
There are multiple defense strategies that may prove useful in a DUI case in West Virginia. Depending on the circumstances of your case, your attorneys may be able to challenge the legality of the traffic stop that resulted in your arrest, challenge the accuracy of any breathalyzer or blood test, and uncover whether or not any of your constitutional rights were violated at the time of your arrest.
What Should I Do After a DUI Arrest in WV?
In West Virginia, following a DUI arrest, there are a number of actions you must take to protect yourself. First, apart from offering the police your basic identifying information, do not answer any of their questions and exercise your right to remain silent. You should remain calm and polite, and as soon as you are able, also exercise your right to legal representation.
Will I Be Required to Install an Ignition Interlock Device?
Yes, in certain DUI cases in West Virginia, you may be required to install an Ignition Interlock Device, or an IID. These devices keep you from being able to start your vehicle until you breathe into and pass a breathalyzer test. According to a study from 2023, the installation of an IID helps reduce repeat DUI offenses by 70%.
What Does It Cost to Hire a DUI Attorney?
The costs involved when hiring a DUI attorney in West Virginia can vary based on the factors of your case and the skill level, education, and experience of your attorney. The applicable factors that can impact the final cost analysis include the duration and complexity of your case, as well as the strength of the evidence available to your defense.
Hire a DUI Lawyer in West Virginia Today
If you or someone you love has been charged with a DUI in West Virginia, you need to hire a DUI lawyer as soon as possible. At Wooton, Davis, Hussell & Johnson, PLLC, we have over 100 years of shared experience and are here to defend you from the negative impacts and DUI conviction could have on your life. Contact us today to learn more and schedule your initial consultation.
