State service guide

West Virginia DUI laws: no more ALR, 30-day refusal review requests, 0.15 aggravated first offenses, and test-and-lock alternatives

West Virginia's DUI system is more court-driven than many older state summaries suggest. Since July 1, 2020, the old administrative hearing process no longer governs new DUI license cases, and refusal review now runs through the court process. The practical numbers are 0.08 for ordinary alcohol DUI, 0.15 for the aggravated first-offense alcohol tier, and 0.02 to below 0.08 for the under-21 alcohol offense. West Virginia also makes the Motor Vehicle Alcohol and Drug Test and Lock Program central: a first under-0.15 DUI can shift to 15 days of revocation plus 125 days of ignition interlock, while a first refusal can shift to 45 days of revocation plus one year in the program.

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Adult alcohol thresholds West Virginia uses 0.08 BAC for ordinary alcohol DUI and 0.15 BAC for the aggravated first-offense alcohol tier
Refusal review deadline A driver who wants a refusal review hearing must request it within 30 days after the first court appearance
First under-0.15 interlock path A first under-0.15 DUI can shift to 15 days of revocation plus 125 days in the test-and-lock program
Under-21 alcohol rule Drivers under 21 violate the alcohol-specific DUI law at 0.02 BAC and below 0.08 BAC

Overview

What this page helps you verify

A strong West Virginia DUI page should start by correcting the usual framing. West Virginia is no longer a classic arrest-side administrative-revocation state for new DUI cases. Instead, conviction-side revocations, court-handled refusal review, mandatory safety-and-treatment completion, and the test-and-lock program drive most of the real license consequences. The most useful state-specific details are the split between ordinary and 0.15-plus first offenses, the 15-minute refusal rule, the 30-day deadline to request a refusal review hearing after first appearance, and the way test-and-lock can shorten or restructure the time away from unrestricted driving.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The DUI citation, criminal complaint, and any court paperwork showing the charged West Virginia DUI subsection
  • The secondary chemical test results or the refusal-related paperwork and officer statement if the case involves a refusal
  • Any court order on conviction, conditional probation, or refusal review, because West Virginia's current license action flows from court findings
  • Proof of enrollment in or completion of the West Virginia Safety and Treatment Program, which is required before reinstatement
  • Any Motor Vehicle Alcohol and Drug Test and Lock Program approval, interlock installation, or participation records if you are using the restricted-driving route

Typical flow

What the process often looks like

  1. Separate the West Virginia case into its tracks first: the criminal DUI charge, any refusal-review process, and the license consequences tied to conviction, suspension, or revocation.
  2. Identify which alcohol tier applies, because West Virginia treats under-0.15 first offenses, 0.15-or-higher first offenses, under-21 alcohol cases, and refusal cases differently.
  3. If the case involves a refusal, do not miss the 30-day window after first appearance to request the refusal review hearing.
  4. Before expecting full driving privileges again, complete the safety-and-treatment requirement and any test-and-lock participation or other reinstatement conditions the state requires.

Structure first

West Virginia no longer uses the old administrative-revocation model for new DUI cases

This is the first benchmark correction the page should make.

  • Section 17C-5A-2b says the old administrative hearing statute applies only to proceedings arising from offenses occurring on or before June 30, 2020.
  • The DMV's DUI Conviction Rates page explains that West Virginia eliminated its prior administrative license revocation process in the 2020 regular legislative session.
  • For current cases, conviction-side orders, refusal-review orders, and the test-and-lock program now drive most of the real license consequences.

Thresholds and first offenses

West Virginia splits ordinary first-offense alcohol DUI from the 0.15 aggravated tier and from the under-21 alcohol offense

The state does not flatten these into one first-offense chart.

  • Section 17C-5-2 defines an impaired state to include alcohol, controlled substances, other drugs or inhalants, combined alcohol-and-drug impairment, or an alcohol concentration of 0.08 or more.
  • For a first ordinary DUI under section 17C-5-2(e), West Virginia allows up to six months in jail, a $100 to $500 fine, and a six-month revocation or a test-and-lock alternative.
  • For a first 0.15-or-higher alcohol DUI under section 17C-5-2(f), the state requires two days to six months in jail, with at least 24 hours actually served, a $200 to $1,000 fine, and a one-year revocation or a test-and-lock alternative.
  • For drivers under 21, section 17C-5-2(j) uses 0.02 to below 0.08 BAC. A first offense brings a $25 to $100 fine and a 60-day suspension or a test-and-lock path, while a second or later offense adds 24 hours in jail and a one-year revocation or a revocation lasting until age 21, whichever is longer.

Refusal rules

West Virginia refusal law uses a 15-minute final-refusal rule and a court-based 30-day review deadline

These are the details most likely to change what a driver does next.

  • Section 17C-5-7 says a refusal to submit to the secondary test becomes final after 15 minutes, but during that 15-minute period the officer must allow the person to revoke the refusal and request the test.
  • Section 17C-5-7a says the driver must request a refusal review hearing within 30 days following the first appearance before the court.
  • If the person does not request that hearing in time, the court enters the refusal finding and DMV revokes the license for the applicable period.
  • West Virginia also has an unusual blood-test rule in section 17C-5-4: refusal to submit to a blood test only may not result in license revocation.

Interlock, repeats, and reinstatement

West Virginia pushes many DUI cases into test-and-lock, and repeat offenses escalate fast

This is the practical relief and repeat-offense framework users need.

  • Section 17C-5A-3a sets a first under-0.15 DUI at 15 days of revocation plus 125 days of ignition interlock if the driver uses the program, a first refusal at 45 days plus one year of interlock, and a first 0.15-or-higher DUI at 45 days plus 270 days of interlock.
  • If the driver has a prior qualifying DUI conviction or revocation within 10 years, section 17C-5A-3a generally requires one year of revocation and two years of interlock, with added interlock time for extra priors, minors in the vehicle, injuries, or a death case.
  • On the criminal side, a second DUI conviction under section 17C-5-2(l) brings six months to one year in jail, a $1,000 to $3,000 fine, and a 10-year revocation or a test-and-lock alternative, while a third or later DUI under section 17C-5-2(m) is a felony with two to five years in prison and life revocation or a test-and-lock alternative.
  • Section 17C-5-2 and section 17C-5A-3 both make safety-and-treatment completion a reinstatement requirement before full driving privileges return.

Accuracy notes

Where people get tripped up

  • West Virginia DUI content should not repeat older ALR-era advice as if it still controls new cases. The state changed that structure in 2020.
  • Keep the ordinary first-offense DUI and the 0.15-or-higher first-offense DUI separate. West Virginia assigns different jail, fine, and revocation consequences.
  • Do not blur refusal rules into generic implied-consent language. West Virginia uses a 15-minute final-refusal rule, a 30-day post-first-appearance review deadline, and a special rule that refusal of a blood test only may not trigger revocation.
  • The test-and-lock program belongs near the top of the page because West Virginia uses it as both a restricted-driving route and, in some cases, an alternative to serving the full ordinary revocation period.

FAQ

Common questions

  • What BAC is DUI in West Virginia?

    For most adult alcohol cases, West Virginia uses 0.08 BAC. The state separately uses 0.15 BAC for the aggravated first-offense alcohol tier and 0.02 to below 0.08 BAC for the under-21 alcohol offense.

  • Does West Virginia still use an administrative DUI license hearing after arrest?

    Not for new cases in the old form. Section 17C-5A-2b says the old administrative hearing statute applies only to proceedings arising from offenses occurring on or before June 30, 2020.

  • How long do I have to request a West Virginia refusal review hearing?

    Section 17C-5-7a gives the driver 30 days after the first court appearance to request the refusal review hearing.

  • What happens if I refuse the secondary chemical test in West Virginia?

    For a first refusal, West Virginia can revoke the license for one year or for 45 days with an additional year in the Motor Vehicle Alcohol and Drug Test and Lock Program. Later refusals rise to 10 years and then life.

  • What does West Virginia require before reinstating after a DUI revocation or suspension?

    West Virginia requires completion of the Safety and Treatment Program before reinstatement, and many drivers must also complete the Motor Vehicle Alcohol and Drug Test and Lock Program before unrestricted driving returns.

Sources

Official references used for this page

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