West Virginia Drunk Driving Law

Highlights of West Virginia's OUI Law

Here are highlights from West Virginia law on operating under the influence of alcohol (WV Code section 20-7-18b). Click on the links for further explanation of the legal terms associated with drunk driving in West Virginia.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: None

Implied Consent Law: Yes

License Suspension 1st Offense: 6 months

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 1 year

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Possible

Mandatory Assessment/Treatment: Possible

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: No

Hardship License while license suspended: After 30 days

Open Container Law: None

These are highlights of the main provisions of West Virginia law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in West Virginia, contact an attorney in your area to determine you rights and responsibilities.

Source: WV Code section 20-7-18b