West Virginia DUI / DWI License Suspensions

After a West Virginia DUI / DWI arrest your driver's license may be in jeopardy for a number of reasons in addition to the criminal case now pending against you. This article explains the civil license consequences of a WV DUI / DWI.

West Virginia Implied Consent Law

All drivers in West Virginia are considered to have given their consent to a chemical test of their blood, breath, or urine when requested by a police officer who reasonably believes them to have committed a DUI offense. A driver who is arrested for a DUI / DWI is also required to consent to a second test and will have his or her license suspended for at least 1 year for refusing. The driver has the right to another test within 2 hours of his or her arrest and must be shown the results of that test.

West Virginia DUI / DWI Refusal Suspensions

The first time a driver refuses to submit to a chemical test will result in a 1 year suspension, or a 45 day suspension if the driver participates in the Test and Lock program for 1 year and waives the right to a hearing. If the driver has had his or her license suspended once before, the suspension will last 10 years, or 5 years if the driver completes a rehabilitation course and complies with all the terms of that course. If the driver has had his or her license suspended more than once before, the suspension will be for life. The driver will be permitted to take the rehabilitation course and apply for a new license after 10 years.

If a driver takes a chemical test and has a BAC of at least 0.08 (or 0.02 for underage drivers), the officer who requested the test will pass the results along to the state licensing agency. The agency will make a decision about whether the driver had committed a DUI offense, and if it concludes that he or she did, the agency will impose the administrative license suspension that goes along with the crime the agency believes was committed. These are:

Driving Under the Influence, resulting in death: If this is the first time the driver's license has been suspended, the suspension will last 10 years if the driver was driving recklessly and 5 years if he or she was not. If the driver has had his or her license suspended for causing the death of another person, whether recklessly or not, or else has had it suspended for refusing a chemical test, the suspension period will be life.

Driving Under the Influence, resulting in injury: f this is the first time the driver's license has been suspended, the suspension will last 2 years. If the driver's license has been suspended once before for causing injury to another person or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for causing injury to another person or for refusing a chemical test, the suspension will be for life.

Driving Under the Influence (1st Offense): If this is the first time the driver's license has been suspended, the suspension will last 6 months. However, for a first offense only, the driver may instead participate in the Test and Lock program for 4 months after a 15 day suspension. If the driver's license has been suspended once before for a DUI or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for a DUI or for refusing a chemical test, the suspension will be for life.

Driving Under the Influence (Repeat Offense): If this is the first time the driver's license has been suspended, the suspension will last 45 days, and the driver will be required to participate in the Test and Lock program for 9 months. If the driver's license has been suspended once before for DUI or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for DUI or for refusing a chemical test, the suspension will be for life.

Permitting an intoxicated driver to operate a vehicle: If this is the first time the driver's license has been suspended, the suspension will last 6 months. However, for a first offense only, the driver may instead participate in the Test and Lock program for 4 months after a 15 day suspension. If the driver's license has been suspended once before for DUI or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for DUI or for refusing a chemical test, the suspension will be for life.

Underage driving under the influence: The driver will have his or her license suspended for 60 days for a first suspension and 1 year or until his or her 21st birthday (whichever comes last) for a second suspension. If an underage driver causes the death of another person as a result of being under the influence, his or her license will be suspended for 5 years, or for life if it has been suspended before within 10 years. If an underage driver causes injury to another person as a result of being under the influence, his or her license will be suspended for 2 years, or for 10 years if it has been suspended before within 10 years, or for life if it has been suspended more than once before within 10 years.

Driving under the influence with a minor: If the driver's license has never been suspended before for DUI with a minor in the vehicle or for refusing a chemical test, his or her license will be suspended for 1 year. If the driver's license has been suspended once before for DUI with a minor in the vehicle or for refusing a chemical test, the suspension will last 10 years. If the driver's license has been suspended more than once before for DUI with a minor in the vehicle or for refusing a chemical test, the suspension will be for life.

DUI / DWI license suspension hearings in West Virginia

If a driver wishes to challenge the suspension of his or her license, he or she must file a written request for a hearing within 30 days of being notified of the suspension. The purpose of the hearing is to determine whether the driver did refuse to take a chemical test after being properly asked by a police officer. If the State can prove that it was reasonable for the police officer to think the driver had committed a DUI offense and warned the driver of the consequences of refusing, that the driver probably did commit a DUI offense, and that the driver probably did refuse the test, the driver's license will be suspended.