What statute defines DUI in West Virginia?

W. Va. Code § 17C-5-2 is the controlling DUI statute in West Virginia. You can read the current text on the official code site at code.wvlegislature.gov.

What is the West Virginia implied-consent law?

W. Va. Code § 17C-5-4 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.

West Virginia DUI Statutes: The Code Sections That Control Your Case

The statutes that control West Virginia DUI cases

DUI in West Virginia is defined by W. Va. Code § 17C-5-2, and the chemical-testing rules sit in W. Va. Code § 17C-5-4. Both are published in the official state code at code.wvlegislature.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

West Virginia official code — DUI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

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.

First-offense exposure under W. Va. Code § 17C-5-2: $100–$500, up to 6 months of jail exposure, and a 6 months licence suspension. Revocation can be shortened by enrolling in the interlock program.

What W. Va. Code § 17C-5-2 actually says

W. Va. Code § 17C-5-2 — unlawful to drive a vehicle in this state while in an impaired state.
W. Va. Code § 17C-5-2(a)(1) — 'impaired state' includes being under the influence of alcohol.
W. Va. Code § 17C-5-2(a)(1)(B) — it also includes being under the influence of a controlled substance.
W. Va. Code § 17C-5-2(a)(1)(D) — and the combined influence of alcohol and any controlled substance or drug.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on code.wvlegislature.gov carries an effective date — amendments passed after it are not yet reflected.

Other West Virginia sections that control the case

W. Va. Code § 17C-5A-3a

Revocation and the Alcohol Test and Lock programme.

W. Va. Code § 50-5-13

Appeals from magistrate court to circuit court.

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.

Browse all West Virginia ZIP codes.

Counties and cities using these West Virginia resources

Other West Virginia official resources

West Virginia DUI Courts: Where Your Case Is Heard West Virginia Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DUI in West Virginia?: W. Va. Code § 17C-5-2 is the controlling DUI statute in West Virginia. You can read the current text on the official code site at code.wvlegislature.gov.
What is the West Virginia implied-consent law?: W. Va. Code § 17C-5-4 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.