West Virginia Requirements
West Virginia allows some offenders to regain driving privileges with an Ignition Interlock License (IIL). This guide will go over the West Virginia interlock policy and how it works.
The WV Ignition Interlock Program
West Virginia considered a BAC of .08% or higher is Legally Drunk. While this is the legal threshold, a BAC higher than .05 could also result in a license suspension or DUI conviction. Criminal penalties for DUI in West Virginia include fines, license revocation, and possible jail time. Some offenders may be able to regain driving privileges if they install an ignition interlock device.What Happens if I Get a DUI in West Virginia?
First DUI Offense
- Jail term of up to six months
- Fines of $100 to $500
- License revoked for 60 days or 30 days with interlock installation
- For an offender whose license was revoked for a first offense for DUI with a BAC between .08 and .15, the minimum revocation period for participation in the IID program is 15 days and the maximum IID term is 125 days
Second DUI Offense (Within 7 Years)
- Jail term of six months to one year
- Fines of $1,000 to $3,000
- Mandatory license revocation of 12 months with or without an interlock installation
- Eligible offenders may waive their administrative hearing rights and enroll in the Interlock Program, and serve out their revocation period in conjunction with the required interlock term of two year
Third DUI Offense
- Jail sentence of two to five years
- Fines of $3,000 to $5,000
- Mandatory license revocation of 12 months with or without an interlock installation
- Eligible offenders may waive their administrative hearing rights and enroll in the Interlock Program, and serve out their revocation period in conjunction with the required interlock term of two years
What happens if I Fail to Complete or Refuse to Submit to a DUI Test in West Virginia?
Refusing the test does not mean there are no penalties. Anyone who refuses a DUI test risks a year of license suspension, or 60 days suspension with an ignition interlock installation. For anyone whose license has been revoked for a first offense for refusing a test, the minimum IID term is one year.
How Do I Regain Driving Privileges in West Virginia?
Those convicted of DUI in West Virginia are penalized with license revocation, and they must successfully complete West Virginia’s interlock program in order to have full driving privileges restored. Ignition Interlock Licenses allow offenders to get back on the road during their revocation period safely, legally, and responsible. To be eligible for the program, offenders need to:
- Be at least 18 years of age
- Show they have no other revocations, including active DUI revocations, on their record
- Show they are not trying to appeal their license administratively, in the Circuit Court or the Supreme Court
- Must complete the Safety and Treatment Program before driving privileges can be restored
- Have completed the Interlock Program
- Own the vehicle they will be installing the device in, or have the owner’s written approval to use the vehicle for the Interlock Program
- Have an interlock device installed by an approved provider
- Provide proof of insurance, possibly with an SR-22 certificate of coverage
- Complete any other requirements resulting from the DUI incident
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The Process: What to Expect
1. Consult with Legal Counsel
2. Get an Assessment
3. Obtain proof of SR-22 insurance
4. Schedule interlock install
5. Regular monitoring
6. Device removal
Interlock Cost in West Virginia
Find an Install Location Near You
Expert DUI Attorneys in West Virginia
Ludovici Law Office, PLLC
Chester, WV 26034
The Wagner Law Firm
Martinsburg, WV 25404
White Law Office
Moundsville, WV 26041
Zerbe & Pence, PLLC
Charelston, WV 25301
West Virginia FAQs
An ignition interlock device is a breathalyzer that is installed in your vehicle to prevent drinking and driving. It is made up of a mouthpiece, a handheld unit and a cord that attaches to your vehicle’s ignition system. You are required to blow into the mouthpiece to test your Breath Alcohol Concentration (BrAC) before starting your car. For more information see our what is an interlock page.
To view West Virginia IID requirements, please visit the West Virginia state page.
For pricing information, see West Virginia pricing.
Please visit the West Virginia state page to learn what steps you need to take to get back on the road.
To learn more about the steps to regaining your license, please visit our West Virginia state page.
To find the West Virginia Intoxalock service center closest to you, please visit our West Virginia ignition interlock installation locations page.
The only way to confirm you are eligible to remove the device is to check with your monitoring authority.
Contact your monitoring authority to ensure you are eligible for removal.
Please visit the West Virginia state page to learn about other DUI requirements.
For pricing information see the West Virginia pricing page.
To find a DUI attorney in West Virginia, please visit Intoxalock’s West Virginia DUI partners page.
To find a treatment center, please visit Intoxalock’s West Virginia treatment centers page.
To see how an ignition interlock device works, visit our ignition interlock page and watch our video demonstrating how to use the device.
To learn more about ignition interlock information, please visit our ignition interlock device page.
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The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
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