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DUI law in West Virginia

The criminal charge and your driving privileges are separate questions. Check both.

DUI law in West Virginia concerns both the criminal charge and the right to drive. The applicable licence process depends on the alleged conduct, test result or refusal, and the notice or court order. A criminal court date is not a substitute for checking a separate licence deadline. The cited rules below identify what has been verified for this jurisdiction.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
For refusal of a secondary chemical test, request a court refusal-review hearing within 30 days following the first court appearance.
  • This is the court's refusal-review process under § 17C-5-7a, not a deadline measured from arrest or receipt of a DMV notice.
Verified W. Va. Code § 17C-5-7aOfficial source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Hearing procedure under the cited rule
Request a refusal-review hearing from the court handling the charge within 30 days following the first appearance.
  • The court reviews the officer's refusal statement and testimony or evidence presented by the person or the officer. This is not a DMV administrative hearing request.
Verified W. Va. Code § 17C-5-7aOfficial source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.
Lookback period
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Alcohol-concentration thresholds in West Virginia

The cited provision controls the threshold’s scope. Underage and commercial rules can concern licensing as well as criminal liability; they are not all the same offense.

Standard drivers
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Operating a commercial motor vehicle
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Under-21 rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

West Virginia in detail

License suspensionThe administrative deadline to request a hearing, what happens if it passes, and how the licence case runs beside the criminal one.PenaltiesStatutory ranges by offense number, lookback-period aware — fines, jail, suspension length, interlock.Implied consent and refusalWhat refusing a test does to the licence case and to the criminal case.

8 further West Virginia topics — interlock, hardship licences, drug DUI, felony DUI, underage, commercial drivers, checkpoints and record relief — are part of the approved taxonomy and are not built yet.