License Revocation No Longer Mandated for DUI

Under the old law, if the DMV Office of Administrative Hearings finds that a person committed an offense involving driving under the influence of alcohol, controlled substances, or drugs, then that person was subject to license revocation and participation in the West Virginia Motor Vehicle Alcohol Test and Lock Program.

Senate Bill 434 goes into effect on June 6, 2014. This new law makes major changes in the administrative penalty for those individuals arrested for DUI in West Virginia. Under the new and revised version of W. Va. Code § 17C-5A-3a, a person can avoid the period of license revocation. The DMV is now authorized to replace the license revocation period with additional period of participation in the West Virginia Motor Vehicle Alcohol Test and Lock Program (Interlock device).

A person must waive the DMV administrative hearing by submitting an application for the West Virginia Motor Vehicle Alcohol Test and Lock Program prior to the effective date of license revocation.

Below is a summary of the changes to W. Va. Code 17C-5A-3a:

Old LawNew Law
1st Offense DUI
BAC 0.08 to less than 0.15
License Revocation – 15 days Interlock device – 125 daysInterlock device – 140 days
Aggravated DUI – BAC over 0.15License revocation – 45 days Interlock device – 270 daysInterlock device – 315 days
2nd Offense DUILicense Revocation – 1 year Interlock device – 2 yearsInterlock device – 3 years
DUI Causing InjuryLicense Revocation – 2 months Interlock device – 1 yearInterlock device – 1 year and 2 months