Long gone are the days when a person’s privilege to drive was automatically suspended or revoked merely because they were charged with committing a DUI offense. The Legislature recognized the archaic and punitive nature of such a practice, and, in 2020, brought the DUI laws in West Virginia up-to-date and consistent with other states.
One of the major changes in the West Virginia DUI laws during the 2020 Legislative Session was the elimination of the DMV Office of Administrative Hearings. Senate Bill 130 was signed by the Governor on March 15, 2020 and went into effect on July 1, 2020. The most significant change was that Senate Bill 130 eliminated all statutory provisions authorizing or requiring the Commissioner of the DMV to take administrative action upon an individual’s license solely because that person was charged with a DUI offense.
This new DUI law was enacted, in part, to ensure that a person’s property interest in their driver’s license was protected with due process of law.
Effective July 1, 2020, a person’s license can only be suspended or revoked upon a conviction of a DUI offense. A conviction includes a guilty or no contest plea to a DUI offense.