There are two ways in which your license can suspended in the state of West Virginia as the result of a DUI offence. One is administrative, and the other is judicial.
Administrative: This suspension is imposed if you fail a breathalyzer test or refuse to take one at the scene of your arrest.
Judicial: The courts may also suspend your license as the result of sentencing or as part of a plea agreement that you reach with the prosecutor. In addition to suspension, you may also face additional penalties that most likely will include jail time and fines. The severity of these penalties will depend upon your driving record and previous DUI convictions.
In the state of West Virginia, any DUI offender is required to participate in the state’s Alcohol Test and Lock Program. A main component of this program is the use of an ignition interlock device. You will be required to enroll in the program within 60 days of having your ignition interlock device installed. The device or devices must be installed on every vehicle that you own or is registered in your name. You will be allowed to operate employer-owned vehicles during the interlock period, provided that those vehicles are not operated on any state-owned roads or highways.
|Offence||Suspension w/o Interlock Program||Suspension w/ Interlock Program|
|1st (under 21)||60 days||30 days|
|2nd (under 21)||n/a||60 days|
|BAC < .15||90 days||15 days|
|BAC > .15||n/a||45 days|
|Refused Test||n/a||45 days|
|Child Endangerment||6 months||60 days|
|Resulted in Death (misdemeanor)||30 months||6 months|
|Resulted in Death||60 months||12 months|
|Resulted in Injury||12 months||60 days|