How to Get Your License Back After a DUI in West Virginia

Chapter 17C of the West Virginia Ct vrode defines a DUI (Driving Under the Influence) violation as the act of operating a motor vehicle while impaired by drugs, alcohol, controlled substances, or with a Blood Alcohol Concentration (BAC) of 0.08% for adults, 0.04% for commercial drivers, and 0.02% for drivers under 21 years. A West Virginia DUI violation is a misdemeanor (which can be elevated to a felony if it involves aggravating factors such as injury or death), with penalties ranging from license suspension, fines, and possible jail time. However, according to West Virginia Senate Bill 130 (2020 Session), unlike in most states, license suspension in West Virginia is not automatic but is imposed by the court after conviction.

Step 1: Know the Terms of Your Suspension

The duration of license suspension and the waiting periods for Occupational Licenses in West Virginia generally depend on whether it is a first offense, a repeat offense, or a refusal to take chemical tests.

Step 2: Fulfill Court and DMV Requirements

West Virginia's Senate Bill 130, enacted in the 2020 Session, shifted the main responsibility for imposing DUI penalties to the criminal courts. These include the imposition of license suspension, fines, jail time, community service, and DUI education programs after a conviction.

However, the West Virginia Department of Motor Vehicles still holds the authority to impose automatic license suspension if drivers refuse to take chemical tests after a lawful DUI arrest. A DMV license revocation is an administrative action and is separate from a court-ordered suspension. The length of the DMV-imposed license revocation depends on the number of times the driver refused a chemical test, ranging from 1 year to a lifetime.

Step 3: Complete a DUI Education or Treatment Program

The primary DUI program in West Virginia is the DUI Safety and Treatment Program. This program is mandated by the West Virginia Division of Motor Vehicles, and it includes:

• 18 hours of DUI education (Level I). This typically involves six weeks of in-person classes, each lasting 3 hours. It costs between $400.00 and $440.00 and requires prepayment and a substance abuse assessment for enrollment. Offenders can register through state-approved providers
• A substance abuse evaluation/assessment by certified clinicians to determine if there is a need for further treatments beyond DUI education
• Outpatient treatment/counseling (Level II/III) (if necessary) - this could involve an additional 9 hours of therapy for Level II and up to 54 hours for Level III. The costs for these outpatient treatments vary, but financial assistance may be available for individuals who qualify.

Completing the DUI program and submitting the certificate of completion to the West Virginia DMV may qualify the offender for license reinstatement or participation in the state's IID program.

Step 4: Get SR-22 Insurance or Equivalent

An SR-22 insurance is a certificate that car insurance companies file with the Department of Motor Vehicles on behalf of individuals as proof of financial responsibility (it shows that the named person has the minimum required auto insurance coverage). West Virginia law requires SR-22 insurance for high-risk drivers in situations such as:

• DUI conviction
• Driving without an insurance policy
• License suspension or revocation
• Serious traffic violations.

Interested individuals should contact their local insurance companies and confirm if they offer SR-22. Individuals who have car insurance can modify their policies to include SR-22 coverage. A one-time filing fee of $15.00 to $50.00 is separate from the premium. An SR-22 coverage can increase annual insurance premiums by over 100%. For instance, a $1,300.00 yearly premium may rise to between $1,800.00 and over $2,600.00.

In West Virginia, drivers must maintain SR-22 coverage for three years if they commit serious traffic offenses, DUI violations, or drive without insurance or on suspended licenses.

Step 5: Pay Reinstatement Fees

The costs for reinstating a driver's license in West Virginia depend on the reasons for the revocation or suspension. However, there is a standard $25.00 DMV reinstatement fee and a potential $25.00 court administrative fee for enrollment in payment plans (for individuals who cannot afford to pay fines or fees at once. Additionally, applicants are liable for court fines, treatment program fees, and Ignition Interlock costs.

For individuals with multiple active suspension or disqualification orders, there is a $5.00 fine for each additional order after the first. Drivers without insurance incur a $100.00 Vehicle Plate Registration Fee due to failure to show proof of insurance, and an additional $50.00 if the West Virginia State Police issues a secure order to pick up the plate.

The West Virginia DMV accepts credit or debit card payments through its online payment portal. Applicants can also pay with checks or money orders through the mail to:

WV DMV
P.O. Box 17030,
Charleston,
WV 25317.

Step 6: Submit Your License Reinstatement Application

Applicants for driver's license reinstatement in West Virginia should start the process by making payments through the Driver's License Reinstatement Fees Portal and filling out the online form. The DMV will begin processing the reinstatement immediately after the notification. Before making payments for license reinstatement, call the West Virginia DMV at (800) 642-9066 Alternatively, mail the supporting documents and necessary payments (checks or money orders) to:

West Virginia Department of Motor Vehicles
P.O. Box 17900,
Charleston,
WV 25317-0010.

What If You Are Denied License Reinstatement in West Virginia?

The West Virginia Department of Motor Vehicles may deny a license reinstatement application for the following reasons:

• Unpaid court fines or fees
• Not fulfilling the DUI program requirements
• Inability to file the SR-22 certificate
• License revocation, and not suspension
• Out-of-state license suspension or hold.

When the West Virginia Department of Motor Vehicles denies a license reinstatement application, the applicant should seek clarification for the denial, file an administrative appeal, fix any issue leading to the denial, and reapply for reinstatement after waiting out the mandatory revocation period (which can range from 6 months to several years depending on the offense).

Hardship Licenses: Driving with Limited Privileges

A hardship or restricted license is a temporary driving privilege for individuals under regular driving suspension. It allows them to maintain daily activities that require driving, including commutes to work, school, doctor's visits, and court-ordered appointments when they have no other reasonable means to commute to meet essential needs. These driving privileges are strictly limited to specific times and locations.

To qualify for a hardship license, the offense leading to the license suspension must be a non-violent DUI, such as driving without SR-22 coverage or failing a chemical test. Additionally, the offender must:

• Show that driving is necessary
• Serve part of the suspension period
• Have no previous records of driving while under suspension.

Offenders may also need to complete the DUI Safety and Treatment Program and the Ignition Interlock programs. Furthermore, there are geographical restrictions and the use of the vehicles is limited to specific hours within certain counties, in addition to random checks and monitoring.

How Long Does It Take to Get Your License Back After a DUI?

The time it takes to get back a driver's license after a suspension in West Virginia depends on:

• Whether the suspension is a first or repeat offense
• The BAC level at the time of arrest
• Compliance or otherwise with the Implied Consent Law
• Completion of court-ordered programs, such as DUI Safety and Treatment, and installing an IID
• Participation in the Alcohol Test and Lock Program (ATLP).

It may take 6 months to a year to regain driving privileges after a suspension in West Virginia if the offender fulfills the requirements.