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

Quick Answer: In West Virginia, driving while your license is suspended or revoked is a misdemeanor, with a fine of $100 to $500 for a first or second offense and 30 to 90 days in jail for a third or later offense (W. Va. Code § 17B-4-3(a)). If the revocation was for DUI or a test refusal, a first offense carries 30 days to six months in jail, and a third or later offense is a felony (§ 17B-4-3(b)). A conviction can also extend the suspension or revocation (§ 17B-4-3(c)). Slavey & Shumaker PLLC defends these charges in Monongalia, Preston, Marion and Harrison Counties. The initial consultation is free. Criminal defense is generally billed on an hourly fee basis. Call (304) 212-5791.

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)):

OffensePenalty
First offenseFine of $100 to $500
Second offenseFine of $100 to $500
Third or later offense30 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)):

OffensePenalty
First offenseMisdemeanor: 30 days to six months in jail and a fine of $100 to $500
Second offenseMisdemeanor: six months to one year in jail and a fine of $1,000 to $3,000
Third or later offenseFelony: 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)).

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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

1Was the license actually suspended or revoked?

Driving records are not always accurate or up to date. We review the record and the order that suspended or revoked the license.

2Was the suspension lawful and properly noticed?

The statute applies when the privilege has been lawfully suspended or revoked. How and when notice was given can matter.

3Which provision applies?

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.

4Can the license be reinstated?

Getting the underlying problem fixed, such as paying a fee or completing a requirement, can matter to how the case is resolved.

5Was the stop lawful?

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

Is driving on a suspended license a crime in West Virginia?
Yes. Driving on a public highway while your privilege to drive is lawfully suspended or revoked by West Virginia or any other jurisdiction is a misdemeanor. A first or second offense carries a fine of $100 to $500, and a third or later offense carries 30 to 90 days in jail and a fine of $150 to $500 (W. Va. Code § 17B-4-3(a)).
What if my license was revoked for DUI?
The penalties are much higher. Driving while revoked for DUI or for refusing a secondary chemical test is a misdemeanor carrying 30 days to six months in jail and a $100 to $500 fine for a first offense, six months to one year and a $1,000 to $3,000 fine for a second offense, and for a third or later offense, a felony carrying one to three years in prison and a $3,000 to $5,000 fine (W. Va. Code § 17B-4-3(b)).
Will a conviction make my suspension longer?
It can. For a conviction under the DUI-related provision, the Division of Motor Vehicles 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. Those extensions may run concurrently with other suspensions or revocations (W. Va. Code § 17B-4-3(c)).
Can home detention be used instead of jail?
The statute allows a court to order home detention as an alternative sentence to any period of incarceration required by the section (W. Va. Code § 17B-4-3(e)). Whether it is appropriate depends on the case and the court.
What if I did not know my license was suspended?
The facts of how and when you were notified can matter. Ask a lawyer to review your driving record and the notices the Division of Motor Vehicles sent before you decide how to handle the charge.
What about a suspension for driving under 21 with alcohol in my system?
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 has its own penalties, including a felony for a third or later offense (W. Va. Code § 17B-4-3(d)).

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.

Call (304) 212-5791

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.