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West Virginia Driving Record
Driving a motor vehicle in West Virginia is a privilege and that privilege carries many responsibilities. This privilege must fi rst be earned and then carefully guarded or it may be lost.
Your well-being, as well as the safety of the occupants of your vehicle, depends upon your ability to operate a motor vehicle. In addition, the safety of occupants of other vehicles you meet and pass and each pedestrian and bicyclist also depend directly upon your ability to operate a motor vehicle. As a driver on the road, you have the privilege to drive because you have successfully shown that you possess the knowledge and skill to be a safe driver.
West Virginia Driver License
If you live in West Virginia and want to drive a motor vehicle on the public roads, you must have a West Virginia drivers license, unless you are expressly exempt. You must carry your license with you when you drive.
Mandatory License Revocation
Convictions for certain violations of motor vehicle laws are serious and require the immediate revocation of your drivers license. The DMV must revoke a drivers license when it receives a notice of fi nal conviction of any of the following:
- Manslaughter or negligent homicide resulting from the operation of a motor vehicle
- Two or more moving violation convictions as a graduated driver
- Providing false information to the DMV
- Leaving the scene of an accident that results in death or personal injury
- Three convictions of reckless driving in 24 months
- Racing on streets or highways (drag racing)
- Driving while license is suspended/revoked
- Failure to satisfy a civil judgment against you as a result of your involvement in an automobile accident
- Conviction in this state or in any other state for driving under the influence of alcohol, controlled substances or drugs
- Failure to pay for gasoline upon second conviction
- Any felony committed using a motor vehicle
West Virginia Drinking and Driving
The legal drinking age in West Virginia is 21 years old. West Virginia has a zero tolerance law for drivers under the age of 21 who unwisely and illegally choose to drive with any measurable alcohol in their system.
This means that if you are under the age of 21 and any amount of alcohol is found in your system, you will lose your drivers license.
In West Virginia, a BAC of more than 0.05% and less than 0.08% is relevant evidence to presume that a person is driving while his or her ability to drive is impaired. If a drivers BAC is 0.08% or more, he or she is presumed to be driving under the infl uence. Be aware, however, that under the West Virginia law, your drivers license can be revoked if your BAC is less than 0.08%.
When a person has more than one drink per hour, the BAC level builds up in his or her body. For example, the BAC level actually continues to increase after the last drink at 11:30 p.m. and several hours later, at 4 a.m., the BAC of that person is still above 0.06%. Persons with this level of alcohol in their bodies can be arrested for driving under the infl uence of alcohol (DUI).
If you are arrested for DUI, you are subject to the Implied Consent Law. As a driver, you are deemed to have given consent to take the designated breath test for purposes of determining alcohol content in your body. If you refuse to take the breath test, your privilege to operate a motor vehicle will be revoked for a period of one year and up to life.
|Offense||Jail/Fines||Minimum Revocation Periods|
|Zero tolerance (Under 21 w/any measurable alcohol)||$25 to $100 fine||30 days|
|Zero tolerance - 2nd offense||24 hours/$100 to $500 fi ne||60 days or until 18th birthday, whichever is greater|
|DUI - alcohol or drugs w/BAC <.15 or knowingly permitting - 1st offense||Up to 6 months/$100 to $500 fine||15 days|
|DUI - alcohol or drugs w/BAC .15 or > - 1st offense||2 days to 6 months/$100 to $1,000 fine||45 days|
|DUI w/Implied Consent 1st offense||24 hours to 6 months/$100 to $500 fine||45 days|
|DUI w/Child Endangerment||2 days to 12 months/$200 to $1,000 fine||60 days|
|DUI w/bodily injury||24 hours to 12 months/$200 to $1,000 fine||60 days|
|DUI w/Death - misdemeanor||90 days to 12 months/$500 to $1,000 fine||1 year|
|DUI w/Death - felony||2 to 10 years/$1,000 to $3,000 fi ne||1 year|
|DUI - 2nd offense||6 months to 12 months/$1,000 to $3,000 fine||1 year|
|DUI - 3rd or subsequent offense||1 to 3 years/$3,000 to $5,000 fine||1 year|
West Virginia Point System
All drivers license applicants are subject to a review of their driving records through the Problem Driver Point System (PDPS), a national driver registry designed to track violations and suspensions from state to state. All drivers who renew their drivers license will be reveiwed through PDPS as well. If you have previously held a license in another state and had any moving violations, please make sure to satisfy any citations and suspensions you may have pending before applying for or renewing a West irginia drivers license. The DMV is prohibited from licensing any driver whose driving history refl ects an unsettled problem in another state.
|Points||Type of Violation|
|8||Fleeing from an officer |
|6||Speeding in a school zone |
|6||Passing a stopped school bus |
|6||Reckless/careless driving |
|6||Property damage only, hit and run, leaving the scene |
|5||Speeding 15 m.p.h. or more above the speed limit |
|3||Speeding 10 m.p.h. to 14 m.p.h. over the speed limit |
|3||Passing violation |
|3||Failure to yield violation |
|3||Failure to obey traffic light |
|3||Failure to obey stop sign |
|3||Driving left of center |
|3||Driving too fast for conditions |
|3||Failure to maintain control of vehicle |
|3||Hazardous driving |
|3||Driving the wrong way on a one way street |
|3||Improper lane violations |
|3||Driving on wrong side of road |
|2||Speeding 5 m.p.h. to 9 m.p.h. over the speed limit |
|2||Following too closely |
|2||More than 3 in the front seat |
|2||Improper turning |
|2||Improper backing |
|2||Improper signal or no signal |
Additional West Virginia Resources
West Virginia County Coverage
West Virginia City Coverage