Is DUI / DWI Legal in West Virginia? (2026)

It depends. In West Virginia, dui / dwi is restricted. West Virginia first-offense DUI carries 1 day to 6 months jail (24 hours mandatory), $100-$500 fine, and 15-day to 6-month license revocation..

Key facts

Status
Restricted
Permit required
No
Jurisdiction
West Virginia
Last reviewed
2026-02-24

DUI / DWI laws in West Virginia

BAC limit 0.08%. First offense: 24 hours to 6 months jail, $100-$500 fine, 15-day to 6-month revocation. Safety and treatment program required. Test refusal triggers 1-year revocation. Under-21 limit 0.02%.

Frequently asked questions

Is dui / dwi legal in West Virginia for travelers?

For travelers visiting West Virginia, dui / dwi is currently restricted. BAC limit 0.08%. First offense: 24 hours to 6 months jail, $100-$500 fine, 15-day to 6-month revocation. Safety and treatment program required. Test refusal triggers 1-year revocation. Under-21 limit 0.02%.

Do I need a permit for dui / dwi in West Virginia?

West Virginia does not specifically require a permit for dui / dwi, though general regulations apply.

Can I transport dui / dwi through West Virginia?

Transport laws for dui / dwi in West Virginia depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.

What are the penalties for dui / dwi violations in West Virginia?

Penalties for dui / dwi violations in West Virginia vary based on the specific offense. Always verify current laws before traveling.

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