Driving under the influence (DUI) is a serious criminal offense and carries heavy penalties in West Virginia. DUI laws, also referred to as DWI (driving while intoxicated) in some states, make it a crime to operate a vehicle while under the influence of alcohol or drugs. This article provides a brief overview of West Virginia's DUI laws.
| Code Section | West Virginia Code section 17C-5-2: Driving Under the Influence or Alcohol, Controlled Substances, or Drugs |
| What's Prohibited? | Driving a vehicle in West Virginia while he or she:
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| Penalties | The penalty for driving under the influence varies depending on whether or not the violation causes the death or injury of another party. DUI penalties in West Virginia vary from a felony offense to a misdemeanor.
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Aggravating Circumstances
The penalty for driving under the influence increases if certain aggravating circumstances are present. For example:
DUI Offenders Who Are Under 21
Because the legal drinking age in West Virginia is 21 years old, the DUI law for younger offenders in the state is slightly different. Any person who is under 21 years old and who drives a vehicle with a blood alcohol concentration of between 0.02% and 0.08% is guilty of a misdemeanor for a first offense. In some circumstances these offenders will be given the opportunity to participate in the Motor Vehicle Alcohol Test and Lock Program for the opportunity to expunge the DUI from their record.
Additional Resources
State laws change frequently. For case specific information regarding West Virginia's DUI laws contact a local DUI lawyer.
