What to Expect After a First DUI Offense in West Virginia

Do you know what to expect after a first DUI offense in West Virginia? Below is a general idea of what you may encounter after a first DUI offense in West Virginia.

The Process for a First DUI Offense in West Virginia

First, keep in mind that there will be two different sides to a DUI in West Virginia. One is with your court to handle the criminal aspect of the DUI. The other is with the Department of Motor Vehicles, or DMV, to handle your driver’s license. 

The Court Process

After being arrested for a DUI, you will be taken in for booking and arraigned before a Magistrate, either that day or the next day. At arraignment, bond can be set, or you can be released on your recognizance, which is at the Magistrate’s discretion.

At the time of arraignment, a Preliminary Hearing date will also be set. During the arraignment or at the Preliminary Hearing, you can request the WV DUI Deferral Program.

The West Virginia DUI Deferral Program

There is a DUI deferral program in West Virginia that is available for first-time DUI cases. This program is only applicable for non-aggravating circumstances and a BAC that is less than .15. This program is not available for CDL drivers. If you are applicable for the DUI deferral program through your court, you agree to a 15-day suspension of driving privileges, and then 165 days with an Ignition Interlock installed into your vehicle following this 15-day period. You can request to be considered for the DUI deferral program within 30 days of your arrest to your court.

The DMV Process

After your arrest, the West Virginia DMV Driver Services Department will be notified of your DUI. They will send you a revocation letter that lists the circumstances surrounding your case and what you need to do to reinstate your driving privileges. Listed below are the usual requirements contained in your letter because of a first DUI offense.

• License suspension: The letter will list the date your license will be suspended, which is usually 30 days from the date of your revocation letter being sent.
• Ignition Interlock requirement: Your Ignition Interlock requirement period will also be listed.
  • Usually, a first-time offense with a BAC between .08 and .149 is at least between 120 to 165 days on an Ignition Interlock, or a four-month hard license suspension
  • Refusing your test means a year with the Interlock or a years’ hard suspension
  • Individuals with a BAC greater than .15 will need the Ignition Interlock for 270 days
  • If your case included death, your Ignition Interlock requirement is two years
  • Cases that caused bodily harm is one year
  • Having a minor in the vehicle will usually mean 10 months with an Ignition Interlock
• DUI Safety Treatment Program requirement
• Reinstatement fee amount
• Contact phone number for the specific DUI department assigned to your case (this will most likely be the DUI Interlock Department)

Once you receive the revocation letter, make sure to call the DUI Interlock Department. They will go over with your next steps and what you will need to do to be eligible for an Ignition Interlock installation. In West Virginia, you need to fill out an application with the WV Test & Lock Program, be approved and be sent an approval letter.  You will need the approval letter before you can be installed on an Ignition Interlock. The DUI Interlock Department will let you know if you’re eligible, and if not, what you need to do to become eligible. After this process is complete, you’ll be able to visit an Ignition Interlock vendor that is state certified, such as Smart Start, and install your device.

Note: out-of-state DUI offenders will have a different application. You will need to call the DUI Interlock Department to get that application and review the process for out-of-state participation.

If you have any questions about the Ignition Interlock process in West Virginia, feel free to call our Customer Care Center at (800) 831-3299.

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