The WV licensing action explained
After a DUI arrest in West Virginia, the West Virginia Division of Motor Vehicles (transportation.wv.gov) opens its own case against your driving privilege. It is administrative, it moves faster than the criminal case, and it is decided regardless of what the court later does with the charge.
Hearing requests, suspension notices, reinstatement fees and interlock paperwork.
Deadlines, forms and how the hearing is conducted.
How the WV agency runs the licence case
- The administrative action is revocation, processed under W. Va. Code § 17C-5A-3a after a DUI arrest with a test failure or refusal.
- A hearing before the Office of Administrative Hearings may be requested to contest the revocation.
- The Alcohol Test and Lock programme is required for certain offenders before full reinstatement.
- Reinstatement fees are collected through the DMV's online self-service reinstatement portal.
- The Safety and Treatment Program under W. Va. Code § 17C-5A-3 governs reissue of the licence after a test-failure revocation.
West Virginia licence facts
West Virginia DUI law at a glance
Sourced from the West Virginia code and state agency sites. Verify current text before relying on it.
- Offense name
- DUI (West Virginia)
- Controlling statute
- W. Va. Code § 17C-5-2
- Implied consent
- W. Va. Code § 17C-5-4
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- Prior-offense lookback
- 10 years
- First-offense fine
- $100–$500
- First-offense jail exposure
- up to 6 months
- Licence suspension
- 6 months
- Ignition interlock
- Required on a first offense in most cases
- Trial court
- the Magistrate Court
- High-risk filing
- SR-22 for 3 years
Revocation can be shortened by enrolling in the interlock program.
Getting the licence back
- Serve the full suspension or hard-suspension period the agency sets.
- Complete any ordered assessment, education or treatment programme.
- Install an approved ignition interlock device — West Virginia requires one in most first-offense cases.
- West Virginia requires a SR-22 certificate of financial responsibility for 3 years before a licence is reinstated after a DUI conviction.
- Pay the reinstatement fee and any licence-issuance fee in full.
Fees and processing times change; confirm the current amounts on transportation.wv.gov before you travel to an office.
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
- How long is a first-offense suspension in West Virginia?
- A first DUI offense generally carries a 6 months suspension in West Virginia. Reinstatement conditions, fees and any interlock requirement are set by the licensing agency.