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WV DMV

Impaired Driving

​​​Over the last five years in West Virginia, 24% of the state’s total vehicle fatalities were alcohol related. In 2019, 56 of the 260 fatalities involved an alcohol-impaired driver and there were 3.08 impaired fatalities per 100,000 people in West Virginia.​

​Impaired Driving Initiatives

The West Virginia Governor’s Highway Safety Program (GHSP) promotes Impaired Driving Programs such as the U.S. Department of Transportation’s National Highway Traffic Safety Administration’s (NHTSA) Drive Sober or Get Pulled Over (DSOGPO) campaigns during Christmas and Labor Day holiday periods.

The GHSP is committed to reduce alcohol and drug related crashes, injuries and deaths by using a sustained enforcement effort, implementing some of the following components:  high-visibility enforcement, public education & information, media activities, training activities, age group activities, underage enforcement activities, and focused patrols.

The GHSP has provided funding for a State Drug Recognition Expert (DRE) Coordinator who has developed a Drug Evaluation Classification (DEC) program designed to remove alcohol and drug-impaired drivers from West Virginia roadways.

Drive Sober or Get Pulled Over
The GHSP, NHTSA and West Virginia law enforcement agencies coordinate efforts to conduct the national Drive Sober or Get Pulled Over high-visibility enforcement campaigns to spread the word about the dangers of impaired driving. In addition to the national campaigns, the GHSP conducts three State DUI enforcement mobilizations during Thanksgiving weekend, West Virginia Day, and the Fourth of July holiday. 
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Drug Evaluation Classification (DEC) Program – Drug Evaluation Experts
West Virginia was granted Drug Evaluation and Classification (DEC) status with the International Association of Chiefs of Police (IACP) in 2013 to establish a statewide DEC Program. Since that time, the  GHSP has provided funding for a State Drug Recognition Expert (DRE) Coordinator who has developed a DEC Program designed to remove alcohol and drug-impaired drivers from West Virginia roadways.

The strategic approach of the DEC Program is to train law enforcement officers how to detect drug-impaired drivers affected by seven major drug categories via a twelve-step process. Once the law enforcement officers complete the training, they become Drug Recognition Experts, or DREs.

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West Virginia DUI Laws

DUI with a BAC of 0.08%-0.149%. This is the basic first offense DUI charge in West Virginia. If convicted, there is a possibility of up to 6 months of jail time and a fine of $100-$500.

Aggravated DUI (BAC of 0.15% or greater). This also applies to first offense DUI arrests. If convicted, the mandatory sentence is a minimum of 48 hours (of which 24 must actually be served in jail) and up to 6 months in jail and a fine of $200-$1,000. 

DUI under 21 (BAC of 0.02%-0.079%). Since persons under 21 are prohibited from consuming alcohol at all, those under 21 and caught driving with a BAC between 0.02% and 0.079% can still be charged with a DUI. If convicted, there is not a jail penalty but there is a mandatory fine of $25-$100. 

DUI resulting in injury. This offense arises when a driver is under the influence and is involved in a vehicle crash in which anyone other than the driver suffers an injury. If convicted, the mandatory sentence is not less than 24 hours in jail and not more than one year in jail in addition to fines of $200-$1,000. 

DUI resulting in death. Intoxicated drivers involved in a vehicle crash which results in the death of another individual through an act of reckless disregard for the safety of others may be charged with a felony crime. If convicted, the mandatory sentence is not less than two years and not more than ten years in prison along with a fine of $1,000-$3,000.