Is a DUI a felony in West Virginia?
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The third conviction — and the licence can go for life. West Virginia turns DUI into a felony at the third conviction — two or more prior convictions under the same section, with no lookback window limiting how far back they count. The sentence is two to five years in a state correctional facility, and the fine is discretionary rather than mandatory: the court may impose between $3,000 and $5,000. The licence consequence is the heaviest in the statute and the reason this tier matters beyond the sentence — revocation for life, unless the driver takes the alternative the same section offers, a period of revocation conditioned on participation in the test and lock programme. Where the third conviction involves injury or a higher reading, whichever penalty is greater applies.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in WV — and the paperwork will use none of them. West Virginia charges it under a section number, and that is what decides the range below.
Grade. Felony
Confinement. Two to five years in a state correctional facility
Fine. $3,000 to $5,000, at the court’s discretion
West Virginia Code § 17C-5-2 · W. Va. Code § 17C-5-2(m); § 17C-5A-3a · checked 2026-09-06
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| Two or more prior convictions under the same section | Felony — two to five years in a state correctional facility | No lookback window limits how far back the two priors may reach. The fine is discretionary between $3,000 and $5,000, and the licence is revoked for life unless the driver takes the alternative the same chapter offers, a revocation period conditioned on participation in the test and lock programme. West Virginia Code § 17C-5-2 · W. Va. Code § 17C-5-2(m); § 17C-5A-3a · checked 2026-09-06 |
The device is a separate track
West Virginia calls it the Alcohol and Drug Test and Lock Program. A camera-equipped device goes in every vehicle you own or use, and it blocks the engine at 0.025% or above while logging every start attempt, every random test while you drive, and any attempt to get round it. You have six months from applying to get it fitted.
In West Virginia the interlock term runs Set by the program and is administered by West Virginia DMV — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: West Virginia DMV
West Virginia DUI questions
Is a DUI a felony in West Virginia?
The third conviction — and the licence can go for life. West Virginia turns DUI into a felony at the third conviction — two or more prior convictions under the same section, with no lookback window limiting how far back they count. The sentence is two to five years in a state correctional facility, and the fine is discretionary rather than mandatory: the court may impose between $3,000 and $5,000. The licence consequence is the heaviest in the statute and the reason this tier matters beyond the sentence — revocation for life, unless the driver takes the alternative the same section offers, a period of revocation conditioned on participation in the test and lock programme. Where the third conviction involves injury or a higher reading, whichever penalty is greater applies. Two or more prior convictions under the same section: felony — two to five years in a state correctional facility.
What does a 3rd DUI in West Virginia carry?
Felony: two to five years in a state correctional facility, and a fine of $3,000 to $5,000, at the court’s discretion. The range is set by W. Va. Code § 17C-5-2(m); § 17C-5A-3a, and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in West Virginia?
Two or more prior convictions under the same section — felony — two to five years in a state correctional facility.
Does an interlock come with it in West Virginia?
West Virginia calls it the Alcohol and Drug Test and Lock Program. A camera-equipped device goes in every vehicle you own or use, and it blocks the engine at 0.025% or above while logging every start attempt, every random test while you drive, and any attempt to get round it. You have six months from applying to get it fitted. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by West Virginia DMV.
Other steps in West Virginia: second offense penalties and first offense penalties.
All West Virginia DUI rules →Penalties across the states →West Virginia DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.