Impaired Driving
Overview
Over the last five years in West Virginia, 23% of the state's total vehicle fatalities were alcohol related. In 2022, 60 of the state's 264 fatalities involved an alcohol-impaired driver.
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 reducing alcohol and drug related crashes, injuries, and deaths by using a sustained enforcement effort implementing 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.
Drug Evaluation Classification (DEC) Program
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 officers complete the training, they become Drug Recognition Experts (DREs).
West Virginia DUI Laws
| Offense Type | Criteria | Penalties (If Convicted) |
|---|---|---|
| DUI | BAC of 0.08% to 0.149% | Basic first offense DUI charge. Up to 6 months jail time and a fine of $100–$500. |
| Aggravated DUI | BAC of 0.15% or Greater | Applies to first offense DUI arrests. Mandatory minimum of 48 hours (24 must be served in jail), up to 6 months in jail, and a fine of $200–$1,000. |
| DUI Under 21 | BAC of 0.02% to 0.079% | Persons under 21 are prohibited from consuming alcohol. No jail penalty, but a mandatory fine of $25–$100. |
| DUI Resulting in Injury | Impaired driver involved in a crash in which anyone other than the driver suffers injury | Minimum 24 hours and up to 1 year in jail, plus fines of $200–$1,000. |
| DUI Resulting in Death | A felony charge when an intoxicated driver causes death through reckless disregard for others' safety | Minimum 2 years and up to 10 years in prison, plus a fine of $1,000–$3,000. |
DUI Arrest Data
This map reflects the hard work of law enforcement officers and prosecuting attorneys in each county. DUI arrests are compiled across the state and cases are tracked through fruition. The county is credited each time a case results in a DUI conviction or deferral — both of which result in a license sanction, mandatory substance treatment, and/or ignition interlock requirements to protect the public from an impaired driver. Counties in blue have a DUI conviction/deferral rate of 90–100%. Counties in light blue have a rate of 80–89%. Scroll over your county to find the number of DUIs and outcomes. The map displays data from fiscal year 2021 to present.
