Second Offense DUI/DWI in West Virginia

Per West Virginia Code §17C-5-2, a DUI (Driving Under the Influence) entails operating a vehicle while compromised by alcohol, drugs, or intoxicants. This offense pertains to drivers with a Blood Alcohol Concentration (BAC) of 0.08% or higher, 0.04% for commercial drivers, or 0.02% for individuals under 21.

Under W. Va. Code §17C-5-2(j), a second DUI in West Virginia is classified as a misdemeanor and carries significantly harsher penalties than a first offense. These include compulsory incarceration, prolonged driver's license revocation, compulsory fitting of an ignition interlock device, and increased monetary penalties. Compared to first-offender punishments, these higher sanctions reflect the state's stricter approach to deterring repeat violations and safeguarding roadway safety.

Is a 2nd DUI a Felony in West Virginia?

A second DUI offense in West Virginia is generally classified as a misdemeanor under W. Va. Code §17C-5-2. However, certain aggravating circumstances can elevate the offense to a felony:

• Causing the death of another person, including an embryo or fetus, while driving in an impaired state, per §17C-5-2(b)
• Causing serious bodily injury to another individual, including an embryo or fetus, while impaired
• Having two or more prior DUI convictions
• Driving with a child passenger while impaired may also result in enhanced charges
• Extremely high blood alcohol content or the presence of controlled substances.

What is the Lookback Period for a Second DUI in West Virginia?

West Virginia applies a ten-year lookback period for DUI offenses (W. Va. Code §17C-5-2). A prior DUI conviction in less than ten years counts toward sentencing for a second offense. If the previous offense falls outside this period, the new DUI is treated as a first offense. The ten-year window directly impacts penalty severity, including mandatory jail time, fines, and license revocation for repeat violations.

What are Aggravating Factors in a Second DUI?

In West Virginia, aggravating factors in second DUI offenses can lead to significantly enhanced penalties, including longer jail terms, higher fines, and extended license revocation. Common aggravating situations include:

• A Blood Alcohol Concentration (BAC) of 0.15% or higher
• Driving with a child passenger
• Causing an accident involving injury or death
• Refusal to submit to a chemical test
• A prior DUI conviction within the past 10 years
• Excessive speeding or reckless driving while impaired
• Driving with a suspended or revoked license
• Possession of an unlocked alcoholic beverage container in the vehicle.

What Happens If You Get a 2nd DUI/DWI in West Virginia?

The following are potential penalties for a second DUI offense in West Virginia:

• Misdemeanor charge if within ten years of a prior conviction
• Jail: one day to 15 years, based on case severity.
• $1,000 to $3,000 in fines
• Driver's license revocation could be up to ten years, based on case severity.
• Mandatory participation in the Alcohol & Drug Test and Lock Program
• Installation of an ignition interlock device
• Mandatory alcohol or drug treatment and assessment
• A permanent felony sentence on a criminal record.
• Increased insurance premiums

How Long Does a Second DUI Stay On Your Record in West Virginia?

A second DUI conviction in West Virginia is typically revealed permanently in the individual's criminal record, as DUI offenses are generally not eligible for expungement. This enduring record can significantly hinder employment opportunities, housing applications, professional licensing, and insurance rates.

How Much Does a Second DUI Cost in West Virginia?

In West Virginia, a second DUI offense incurs fines ranging from $1,000 to $3,000. Aggravating components such as a BAC of 0.15% or higher, causing injury or death, or refusing a chemical test can lead to increased penalties.

Additional financial obligations may include:

• Court costs ($150)
• Regional Jail Operations Fund fee ($30)
• Crime Victims Compensation Fund fee ($8 plus 20% of the assessed fine)
• Law Enforcement Training Fund fee ($2)
• Community Corrections Act fee up to $35 per month
• Ignition interlock device (Installation: $70 - $175, monthly lease: $50 - $120, Calibration: $25 per visit)
• License reinstatement fee ($140 - $220)

Chances of Going to Jail for a Second DUI in West Virginia

In West Virginia, a second DUI offense is punishable by a jail term between six months and 12 months. The state mandates actual confinement, meaning the sentence cannot be suspended or served entirely through probation.

Aggravating circumstances like a Blood Alcohol Concentration (BAC) of 0.15% or higher, injury or fatality caused while impaired, transporting a child, or refusing chemical testing increase penalties. Causing severe bodily damage while under the influence raises the charge to a felony, subject to two to ten years imprisonment.

Driver's License Suspension for a Second DUI in West Virginia

A second DUI conviction in West Virginia results in a mandatory 12-month driver's license revocation, or a duration set based on participation in the Test and Lock Program. Failure to comply may result in extended revocation or further penalties. However, second DUI offenders whose conduct caused death or bodily injury to any person, including an embryo or fetus, face permanent license revocation or for a duration set based on compliance with the Test and Lock Program.

A second DUI offender may qualify for a restricted license after serving the minimum statutory suspension period. Under §17-5A-3, eligibility requires completing a treatment program and paying all related costs. A restricted license may be issued for lifetime revocations if ten years have passed since the revocation, the test and lock program is completed, and all administrative and hearing costs are paid. This license allows limited driving for work, school, or medical needs.

Ignition Interlock Device Requirement

West Virginia Code §17C-5A-3a requires a second DUI offender to fit an ignition interlock device (IID) for a minimum of two years. The offender is responsible for all associated costs (Installation: $70 - $175, monthly lease: $50 - $120, Calibration: $25 per visit). The IID requires the driver to produce a breath sample prior to starting the automobile; if alcohol is detected, the engine won't start, promoting sober driving.

DUI School and Substance Abuse Treatment

West Virginia mandates DUI offenders complete the Safety and Treatment Program for license reinstatement. Each session typically lasts three hours and takes place one or two times per week throughout the course. Based on the assessment, further treatment may be required. The program emphasizes abstinence and may involve drug testing. Completion is essential for regaining driving privileges.

Probation Conditions

After a second DUI conviction in West Virginia, probation may be ordered to support behavioral reform and ensure community safety. Common probation conditions include the following:

• Scheduled meetings with a supervising probation officer
• Absolute prohibition from consuming alcohol or illegal substances, verified through unannounced drug and alcohol screenings
• Limitations on travel outside approved areas without prior judicial or officer consent
• Mandatory completion of the Motor Vehicle Alcohol and Drug Test Program
• Compliance with any additional court-ordered counseling or treatment requirements.

Community Service Requirements

West Virginia courts may assign as many as 150 hours of community service for a second DUI. This penalty may replace jail time or be used in conjunction with other sanctions. Community service activities often involve public service work, such as highway trash removal, assisting charitable organizations, or participating in public safety programs.

Impact on Auto Insurance

A second DWI arrest in West Virginia typically raises enormous consequences for auto insurance. Insurers classify repeat DUI offenses as extreme risk indicators, often resulting in either a sharp premium hike or immediate policy termination. Renewal may be denied outright.

Additionally, the West Virginia Division of Motor Vehicles may notify insurers after a DUI conviction or license suspension, setting off further consequences.

Which Courts Handle DUI Cases in West Virginia?

In West Virginia, DUI jurisdiction depends on offense severity. Municipal courts may hear first-time DUI cases under local ordinances. Magistrate courts handle misdemeanor DUI charges under state law. Circuit courts have authority over all felony DUI cases and appeals.

Here are the contacts for five courts in some of the most populous cities that handle DUI cases:

Kanawha County Magistrate Court (Charleston)
111 Court Street
Charleston, WV 25301
Phone: (304) 357-0414
Website: Kanawha Magistrate Court.

Cabell County Magistrate Court (Huntington)
750 5th Avenue
Huntington, WV 25701
Phone: (304) 526-8642
Website: Cabell County Magistrate Court.

Monongalia County Magistrate Court (Morgantown)
Monongalia County Justice Center
75 High Street, Suite 25
Morgantown, WV 26505
Website: Monongalia County Courts

Wood County Magistrate Court (Parkersburg)
401 Second Street, Suite 12
Parkersburg, WV 26101
Phone: (304) 422-3444
Website: Wood County Courts

Ohio County Magistrate Court (Wheeling)
26 Fifteenth Street
Wheeling, WV 26003
Phone: (304) 234-3709
Website: Ohio County Magistrate Court

The West Virginia Division of Motor Vehicles (DMV) administers licensing authority and enforces statutory controls on driving privileges statewide. In coordination with law enforcement and judicial entities, it implements administrative penalties and monitors statutory compliance in impaired driving cases.

The DMV's primary functions include the following:

• License issuance, restriction, and suspension
• Administrative adjudication of DUI-related sanctions
• Enforcement of Ignition Interlock Device (IID) requirements

For hearing requests or appeals, individuals should contact the DMV by Phone: ((304) 558-3900).

Can You Get a DUI on a Horse in West Virginia?

No. West Virginia's DUI statute, W. Va. Code § 17C-5-2, applies exclusively to motor vehicles operated on public roads. A person riding a horse while intoxicated cannot be charged with DUI.

However, law enforcement may pursue alternative charges, including:

• Public intoxication (W. Va. Code § 60-6-9)
• Disorderly conduct
• Animal cruelty (§ 61-8-19)

In any event, an arrest is still possible if the officer has probable cause asides DUI.