West Virginia DUI / DWI Penalties (2026)
Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in West Virginia: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing dui / dwi charges in West Virginia, consult a licensed West Virginia criminal defense attorney.
West Virginia DUI / DWI Penalties
| Offense | Penalty |
|---|---|
| First Offense | 1 day–6 months jail, $100–$500 fine, 6-month revocation |
| Second Offense | 6 months–1 year, $1,000–$3,000 fine, 10-year revocation |
West Virginia has a DUI Deferral Program for first-time offenders
DUI / DWI Statute of Limitations in West Virginia
In West Virginia, the general statute of limitations for a felony is 3 years and for a misdemeanor is 1 year.
Defending Against DUI / DWI Charges in West Virginia
Common defenses in West Virginia dui / dwi cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a West Virginia criminal defense attorney for advice.
Related West Virginia Laws
Marijuana Possession
Theft / Larceny
Assault
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication