Morgantown Driving on a Suspended or Revoked License Lawyers
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 12, 2026
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Many people charged with driving on a suspended or revoked license did not realize their privilege had been taken away, or were trying to get to work with no other option. The law treats these charges seriously, and the penalties depend heavily on why the license was suspended or revoked in the first place.
Slavey & Shumaker PLLC defends driving on a suspended or revoked license charges in Monongalia, Preston, Marion and Harrison Counties. For DUI revocations, see our DUI license revocation page.
1. Driving While Suspended or Revoked
Except where a more specific provision applies, a person who drives a motor vehicle on a public highway while his or her privilege to do so has been lawfully suspended or revoked by West Virginia or any other jurisdiction is guilty of a misdemeanor (W. Va. Code § 17B-4-3(a)):
| Offense | Penalty |
|---|---|
| First offense | Fine of $100 to $500 |
| Second offense | Fine of $100 to $500 |
| Third or later offense | 30 to 90 days in jail and a fine of $150 to $500 |
2. Driving While Revoked for DUI
The penalties are much higher when the revocation was for driving under the influence, for driving with a blood alcohol concentration of 0.08 percent or more, or for refusing a secondary chemical test (§ 17B-4-3(b)):
| Offense | Penalty |
|---|---|
| First offense | Misdemeanor: 30 days to six months in jail and a fine of $100 to $500 |
| Second offense | Misdemeanor: six months to one year in jail and a fine of $1,000 to $3,000 |
| Third or later offense | Felony: one to three years in a state correctional facility and a fine of $3,000 to $5,000 |
See our DUI license revocation page and our second and third offense DUI page.
3. Suspensions for Drivers Under 21
A separate provision applies to driving while suspended for driving under age 21 with a blood alcohol concentration of 0.02 percent or more but less than 0.08 percent. A first offense is a misdemeanor carrying 24 hours in jail or a fine of $50 to $500, or both; a second offense carries 30 days to six months in jail and a fine of $100 to $500; and a third or later offense is a felony carrying one to three years in prison and a fine of $1,000 to $5,000 (§ 17B-4-3(d)).
4. How a Conviction Extends the Suspension
A conviction does more than impose a fine or jail. When the Division of Motor Vehicles receives a record of a conviction under the DUI-related provision, it must extend the suspension or revocation by six months. For a second or later conviction under the general provision, it must extend it by 90 days. These extensions may be served concurrently with any other suspension or revocation (§ 17B-4-3(c)). A conviction under the under-21 provision also requires a six-month extension (§ 17B-4-3(d)).
Charged With Driving on a Suspended or Revoked License?
Free consultation with a Morgantown criminal defense lawyer about your options.
5. Home Detention
The statute allows the court to order home detention as an alternative sentence to any period of incarceration the section requires (§ 17B-4-3(e)). Whether home detention is available and appropriate depends on the case and the court.
6. Defending the Charge
Driving records are not always accurate or up to date. We review the record and the order that suspended or revoked the license.
The statute applies when the privilege has been lawfully suspended or revoked. How and when notice was given can matter.
The difference between the general provision and the DUI-related provision is the difference between a fine and mandatory jail, so the reason for the revocation must be examined carefully.
Getting the underlying problem fixed, such as paying a fee or completing a requirement, can matter to how the case is resolved.
As in any traffic case, the reason for the stop and what happened afterward can affect the evidence.
7. Why Choose Slavey & Shumaker PLLC
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, appear regularly in the magistrate, circuit and municipal courts of Monongalia, Preston, Marion and Harrison Counties. Our office is at 174 Chancery Row in Morgantown, beside the Monongalia County Courthouse. The initial consultation is free. Criminal defense is generally billed on an hourly fee basis. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.
8. Frequently Asked Questions About Driving on a Suspended or Revoked License
Talk With a Morgantown Criminal Defense Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Defending criminal cases in Monongalia, Preston, Marion and Harrison Counties. The initial consultation is free.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.