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Delaware DUI Law Information

Delaware drivers convicted of DUI face severe penalties.

West Virginia DUI Information

Drivers arrested for driving under the influence of alcohol or drugs (DUI) in West Virginia may be charged with DUI and face jail time, fines, and a driver’s license suspension.

West Virginia DUI defined 

It is illegal in the State of West Virginia for any person to operate a motorized vehicle if they are under the influence of alcohol; under the influence of any controlled substance; under the influence of any other drug; under the influence of any combination of alcohol and any controlled substance or any other drug; or if they have an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight.

West Virginia Look Back or washout period: 10 years

If a driver is convicted of a second, third or fourth DUI in less than 10 years from the date of the previous DUI arrest their penalties and fines may be enhanced.

Criminal DUI Penalties in West Virginia

First DUI offense:
(Misdemeanor)

  • Fines of $100 up to $500
  • Jail time of one day up to 6 months
  • Drivers license suspension of six months
  • Possible ignition interlock installation to receive a restricted license
  • SR22 insurance for license reinstatement
  • Possible alcohol assessment, education and treatment

Second DUI offense:
Within 10 years

  • Fines of $1000 up to $3000
  • Jail time of six months up to one year
  • Drivers license suspension for one year
  • Mandatory ignition interlock installation
  • SR22 insurance for license reinstatement
  • Alcohol assessment, education and treatment

Third DUI offense:
(Within 10 years)

  • Fines of $3000 up to $5000
  • Jail time of one year up to three years
  • Drivers license suspension for one year
  • Mandatory ignition interlock installation
  • SR22 insurance for license reinstatement
  • Alcohol assessment, education and treatment

Administrative Penalties in West Virginia

Drivers in West Virginia have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties which are imposed regardless of whether the driver is ultimately convicted for DUI.

Drivers who refuse a chemical test or who take the test and have a BAC over the legal limit have 30 days from the date they receive their Order of Revocation to challenge the DUI administrative license suspension by contacting the West Virginia Office of Administrative Hearings. Failure to request a hearing will result in an automatic license suspension.

Penalties for refusing the chemical test after a DUI arrest:

-First chemical test refusal: Driver’s license suspension for one year
-Second chemical test refusal: Five to ten years
-Third chemical test refusal: Five to ten years

Arrested for DUI in another state

If you are convicted for a DUI in another state other than your home state of West Virginia the State of West Virginia will generally be notified of the DUI arrest and will suspend or revoke your license. Exceptions may exist if the state in which the offense occurred has not adopted an agreement known as the Drivers License Compact (Although even if this is the case, all states will review other sources, such as the National Drivers Registry, before issuing a new or updated driver’s license).

(Read more: - state laws )





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