How West Virginia DUI courts are organised
A DUI charge in West Virginia is prosecuted in the Magistrate Court that serves the county or municipality where the stop happened, not where you live. The clerk's office in that courthouse controls your hearing dates, accepts motions and continuances, and takes payment of fines and court costs. Calendars, filing hours and remote-appearance rules differ from courthouse to courthouse, so confirm them with the clerk before your first date.
West Virginia tries misdemeanor DUI in magistrate court, while felony DUI — a third offense, or one causing death or injury — is tried in circuit court. Appeals from magistrate court go to the circuit court of the county, and from there to the Supreme Court of Appeals of West Virginia.
The state judiciary publishes the authoritative directory of courthouses, judges and calendars at courtswv.gov. Use it to confirm the address and division for your case number; local listings age quickly.
Courthouse locations, hearing calendars, clerk contacts and self-help forms.
The separate licence action, which the criminal court does not decide.
What happens at each stage in West Virginia
A DUI case in West Virginia is heard in the Magistrate Court, and a separate licence action runs alongside the criminal case.
- 1Arrest, booking and the chemical test — Officers arrest for DUI under W. Va. Code § 17C-5-2 and request a breath, blood or urine test under West Virginia's implied-consent section, W. Va. Code § 17C-5-4. Refusing carries its own licence penalty, separate from the criminal charge.
- 2Licence action by the state agency — The administrative action is revocation, processed under W. Va. Code § 17C-5A-3a after a DUI arrest with a test failure or refusal. That action runs on its own timetable, independent of the criminal case.
- 3Arraignment in the Magistrate Court — The charge is read, a plea is entered and conditions of release are set in the Magistrate Court. West Virginia tries misdemeanor DUI in magistrate court, while felony DUI — a third offense, or one causing death or injury — is tried in circuit court.
- 4Pretrial motions and discovery — Defence counsel obtains the police report, test records and calibration or maintenance logs, and may move to suppress the stop or the test result.
- 5Plea or trial, then sentencing — A first DUI conviction carries a fine of $100–$500, jail exposure up to 6 months, a licence suspension of 6 months, an ignition interlock requirement. Prior offenses within 10 years push the case into the enhanced-penalty range. Revocation can be shortened by enrolling in the interlock program.
- 6Appeal — An appeal from magistrate court to circuit court must be requested within 20 days of judgment under W. Va. Code § 50-5-13, with bond requirements.
- 7Reinstatement — The Alcohol Test and Lock programme is required for certain offenders before full reinstatement. West Virginia requires a SR-22 certificate of financial responsibility for 3 years before the licence is restored.
Filing and case handling in West Virginia
- An appeal from magistrate court to circuit court must be requested within 20 days of judgment under W. Va. Code § 50-5-13, with bond requirements.
- The administrative revocation process runs independently of the criminal case.
- The Supreme Court of Appeals publishes guidance sheets on the magistrate-to-circuit appeal process.
- The Alcohol Test and Lock (interlock) programme is an administrative requirement before full privileges are restored after certain revocations.
Whatever the local practice, take your citation or case number to every call — clerks index by case, not by name — and get the payable amount for fines and court costs in writing before you pay.
West Virginia ZIP codes covered
These West Virginia ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.
Counties and cities using these West Virginia resources
Counties
Other West Virginia official resources
Frequently asked questions
- Which court handles a first DUI charge in West Virginia?
- First-offense DUI cases in West Virginia are heard in the Magistrate Court for the county where the stop happened. The court clerk's office there sets the arraignment date and accepts filings.