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West Virginia

West Virginia prohibits anyone from driving while being in an “impaired state.” An impaired state includes anyone:
  • + with a blood alcohol concentration (BAC) of .08% or more, or
  • + under the influence of drugs, alcohol, or any impairing substance, or combination thereof.

The BAC limit is reduced to .04% if the licensee is driving a commercial vehicle and is reduced to .02% for drivers who are under 21 years old. However, offenders under the age of 21 (with a BAC of .02% or more but less than .08%) face reduced fines and jail time (as compared to a regular DUI), but will lose their license for 60 days and/or until at least 18 years old.

  1st Offense 2nd Offense 3rd Offense
Up to 6 months (minimum 48 hours if .15% BAC or greater)
6 months to 1 year 2 to 5 years
$100 to $500 ($200 to $1,000 if .15% BAC or greater)
$1,000 to $3,000 $3,000 to $5,000
License Revocation
6 months
10 year revocation Lifetime revocation