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West Virginia (WV) - State Requirements for Ignition Interlock Devices

The West Virginia Ignition Interlock Program

West Virginia considered a BAC of .08% or higher is Legally Drunk. While this is the legal threshold, a BAC higher than .05 could also result in a license suspension or DUI conviction. Criminal penalties for DUI in West Virginia include fines, license revocation, and possible jail time. Some offenders may be able to regain driving privileges if they install an ignition interlock device.

 

What Happens if I Get a DUI in West Virginia?

The penalties for DUI in West Virginia increase depending on the circumstances of the offense, and if the offender has prior DUIs or moving violations on their record. In general, penalties will include fines, possible jail time, and license revocation.

First DUI Offense

  • Jail term of up to six months
  • Fines of $100 to $500
  • License revoked for 60 days or 30 days with interlock installation
  • For an offender whose license was revoked for a first DUI offense with a BAC between .08 and .15, the minimum revocation period for participating in the IID program is 15 days, and the maximum IID term is 125 days. Intoxalock is not an authorized provider for this program, but we offer high-quality voluntary-use IID installations.

Second DUI Offense

  • Jail term of six months to one year
  • Fines of $1,000 to $3,000
  • Mandatory license revocation of 12 months with or without an interlock installation
  • Eligible offenders may waive their administrative hearing rights and enroll in the Interlock Program, and serve out their revocation period in conjunction with the required interlock term of two year

Third DUI Offense

  • Jail sentence of two to five years
  • Fines of $3,000 to $5,000
  • Mandatory license revocation of 12 months with or without an interlock installation
  • Eligible offenders may waive their administrative hearing rights and enroll in the Interlock Program, and serve out their revocation period in conjunction with the required interlock term of two years

What happens if I Fail to Complete or Refuse to Submit to a DUI Test in West Virginia?

Refusing the test does not mean there are no penalties. Anyone who refuses a DUI test risks a year of license suspension, or 60 days suspension with an ignition interlock installation. For anyone whose license has been revoked for a first offense for refusing a test, the minimum IID term is one year.

How Do I Regain Driving Privileges in West Virginia?

Those convicted of DUI in West Virginia are penalized with license revocation, and they must successfully complete West Virginia’s interlock program in order to have full driving privileges restored. Ignition Interlock Licenses allow offenders to get back on the road during their revocation period safely, legally, and responsible. To be eligible for the program, offenders need to:

  • Be at least 18 years of age
  • Show they have no other revocations, including active DUI revocations, on their record
  • Show they are not trying to appeal their license administratively, in the Circuit Court or the Supreme Court
  • Must complete the Safety and Treatment Program before driving privileges can be restored
  • Have completed the Interlock Program
  • Own the vehicle they will be installing the device in, or have the owner’s written approval to use the vehicle for the Interlock Program
  • Have an interlock device installed by an approved provider
  • Provide proof of insurance, possibly with an SR-22 certificate of coverage
  • Complete any other requirements resulting from the DUI incident