West Virginia DUI License Revocation and Reinstatement
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 11, 2026
Table of Contents
For many people charged with DUI, the most immediate worry is the license: getting to work, school and appointments. West Virginia changed the system in 2020. The separate DMV hearing is gone for newer offenses, and the license now rises or falls with the criminal case. That makes the criminal defense the most important part of protecting your driving privileges.
This page explains how DUI revocation and reinstatement work today. For penalties, defenses and the Deferral Program, see our DUI defense guide. Slavey & Shumaker PLLC defends DUI charges in Monongalia, Preston, Marion and Harrison Counties.
1. What Triggers a Revocation
The Commissioner of the Division of Motor Vehicles must revoke or suspend a license when (W. Va. Code § 17C-5A-1a(a)):
- The person is convicted of a DUI offense under § 17C-5-2 that requires a minimum revocation or suspension, and does not appeal
- The person is convicted under a municipal ordinance with the same elements, and does not appeal
- The person is placed on Deferral Program probation under § 17C-5-2b
- A court enters an order under § 17C-5-7a finding that the person refused the secondary chemical test
- A conviction is affirmed by the highest appellate court in which an appeal is filed
The arrest itself does not appear on that list. Until one of these events happens, the DMV does not revoke your license because of the DUI charge.
2. When the Revocation Starts
The court clerk sends the order to the DMV, but a conviction is forwarded only after the time to appeal has passed without an appeal (W. Va. Code § 17C-5A-1a(b)):
| Court | Conviction forwarded to the DMV |
|---|---|
| Magistrate court | When no notice of appeal has been filed within 20 days of sentencing |
| Municipal court | When no notice of appeal has been filed within 10 days after sentence is imposed |
| Circuit court | When no notice of intent to appeal has been filed within 30 days after judgment |
| Deferral Program probation in magistrate court | When the order imposing probation is entered |
When the DMV receives the order, it enters its own order revoking or suspending the license, stating the reasons and the period required by law (§ 17C-5A-1a(c)).
3. How Long the Revocation Lasts
| Offense | Revocation | Source |
|---|---|---|
| First offense, standard | 6 months, or a Test and Lock alternative | § 17C-5-2(e) |
| First offense, 0.15% or more | 1 year, or a Test and Lock alternative; after the 45-day minimum revocation, Test and Lock participation is mandatory, with at least 270 days on the device (§ 17C-5A-3a(b)(1), (c)(3)) | § 17C-5-2(f) |
| Second offense | 10 years, or a Test and Lock alternative | § 17C-5-2(l) |
| Third or later offense | Life, or a Test and Lock alternative | § 17C-5-2(m) |
| First refusal | 1 year, or 45 days plus 1 year in Test and Lock | § 17C-5-7a(e) |
| Refusal with one prior refusal revocation | 10 years; license may be reissued in 5 years | § 17C-5-7a(e) |
| Refusal with more than one prior refusal revocation | Life | § 17C-5-7a(e) |
Offenses involving a child passenger, bodily injury, serious bodily injury or death carry longer revocations; see our DUI defense guide. A Test and Lock alternative may not be imposed without the driver’s consent (§ 17C-5-2(s)), and a person whose license is revoked must complete the DMV’s safety and treatment program before reinstatement (§ 17C-5-2(r)).
4. Refusal Review Hearings
The one remaining license hearing in a West Virginia DUI case is the refusal review hearing, held by the court that hears the DUI charge. At your first court appearance, the court advises that your license will be revoked unless you request a refusal review hearing within 30 days; if you do not, the court must enter an order finding that you refused (W. Va. Code § 17C-5-7a(b)).
A court order finding a refusal also makes a person ineligible for the DUI Deferral Program (§ 17C-5-2b(f)(4)), and a first-offense refusal revocation cannot be shortened by completing the safety and treatment program (§ 17C-5A-3(g)(2)). Missing the 30-day deadline can cost both your license and your path to a dismissal.
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5. Getting Your License Back Early
A revocation is not always served in full. After you complete the safety and treatment program and pay all program, administrative and court costs, the license may be reissued (W. Va. Code § 17C-5A-3(g)):
| Revocation period | Earliest reissuance |
|---|---|
| 6 months | After at least 90 days of the revocation have actually been in effect |
| 1 year or more | After at least half of the revocation period has actually been in effect |
| Life | After at least 10 years of the revocation have actually been in effect |
A person whose license is revoked for a first-offense refusal is not eligible to reduce the revocation by completing the program (§ 17C-5A-3(g)(2)).
6. The Test and Lock Program
The Test and Lock Program is the DMV’s ignition interlock program. A participant receives a license restricted to vehicles equipped with an approved device (W. Va. Code § 17C-5A-3a(h)), and the program includes a user’s fee paid in advance (§ 17C-5A-3a(a)(2)).
- First offense. For a standard first offense revocation of six months, the minimum revocation period before participating is 15 days, with a minimum of 125 days using the device (§ 17C-5A-3a(c)(1))
- Accepted before the revocation takes effect. If a person applies and is accepted before the effective date of a revocation for an alcohol offense, the DMV defers the revocation, and waives it if the person successfully completes the program for the required periods (§ 17C-5A-3a(e)(1))
- Repeat offenders. Participation is mandatory for a person convicted, or revoked for refusal, who had a prior conviction or revocation within the past 10 years, with a minimum one-year revocation and two years with the device (§ 17C-5A-3a(d)). See our second and third offense DUI page
- Violations. The DMV may extend the program for violations (§ 17C-5A-3a(i)), and driving a vehicle without the device while in the program is a misdemeanor punishable by one to six months in jail and a fine of $100 to $500 (§ 17C-5A-3a(k))
7. Driving on a Revoked License
Driving while your license is revoked for DUI or for refusing a secondary chemical test is a separate crime with escalating penalties (W. Va. Code § 17B-4-3(b)):
| Offense | Penalty |
|---|---|
| First | Misdemeanor: 30 days to 6 months in jail and a fine of $100 to $500 |
| Second | Misdemeanor: 6 months to 1 year in jail and a fine of $1,000 to $3,000 |
| Third or later | Felony: 1 to 3 years in prison and a fine of $3,000 to $5,000 |
Each conviction also adds six months to the revocation (§ 17B-4-3(c)). A recent conviction for driving while suspended or revoked does not necessarily bar Test and Lock participation; the additional revocation time may be served as additional time in the program (§ 17C-5A-3a(g)).
8. If the DMV Order Names the Wrong Person
If you receive a DMV revocation order and believe you are not the person named in it, you may notify the Commissioner in writing. The Commissioner must review the judgment and your information and, if an error was made, immediately reverse the revocation (W. Va. Code § 17C-5A-1a(d)).
9. Protecting Your License
Because revocation now follows the criminal case, the best protection for your license is a strong defense of the DUI charge. A lawyer can:
- Request a refusal review hearing within 30 days of your first appearance when a refusal is alleged
- Evaluate the DUI Deferral Program, which must be requested within 30 days of arrest
- Challenge the stop, the tests and the arrest, since a non-DUI outcome protects your license
- Explain Test and Lock options and early reinstatement before you make decisions in the criminal case
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, defend DUI charges in Monongalia, Preston, Marion and Harrison Counties. No lawyer can guarantee a result.
10. Frequently Asked Questions About DUI License Revocation
Protect Your License After a DUI Arrest
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Defending criminal cases in Monongalia, Preston, Marion and Harrison Counties.
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.