How Long Does A DUI Stay on Your Record in West Virginia? 2025

In West Virginia, it is a serious offense to drive under the influence of alcohol or drugs. Those accused or convicted can be dealing with significant consequences, from license suspension to fines to jail time. As having a DUI conviction on record can impact not only driving privileges but also housing and employment opportunities, many accused individuals may ask, “How long does a DUI stay on your record in West Virginia?”

By understanding state laws, individuals can work to understand how long a DUI may stay on their record, how it could influence their driving privileges, and the potential options for getting penalties reduced. Consulting with an experienced DUI attorney can provide valuable guidance in navigating these legal complexities.

How Many DUI Convictions Happen in West Virginia?

State crime statistics state that out of 2,397 total DUI-related arrests, 551 convictions were recorded in West Virginia from July 1, 2020, to December 30, 2020, with 1,724 cases still pending. The high number of arrests and convictions associated with DUIs underscores the intensity with which law enforcement goes after drunk driving in the state.

How Long Does a DUI Stay on Your Record in West Virginia?

Unfortunately, DUI convictions in West Virginia stay on your driving record for life. Although certain traffic violations may go away after enough years have passed, DUI offenses are not automatically cleared from your record. What does change, however, is the amount of time that a DUI impacts your ability to drive.

This means that a DUI conviction permanently remains on a criminal record unless it is expunged, which is only applicable in limited cases. For DUI cases reduced to traffic violations, a traffic infraction could stay on your record for five years, while the points themselves may only last for two years.

How a DUI Affects Your Driving Record

The West Virginia Division of Motor Vehicles (DMV) adds points to a record for traffic offenses. DUI offenses do not result in points alone, however, as they also lead to an automatic license suspension. Terms are as follows:

• First DUI Offense. Offenders must participate in the WV Alcohol Test and Lock Program (ATLP) for 125 days or have their licenses suspended for at least 15 days.
• Second DUI Offense. Second-time offenders get their license suspended for one year and are not eligible for the ATLP.
• Third or subsequent DUI Offense. Individuals who are found guilty of a third or subsequent DUI offense will have their driver’s license permanently revoked.

Furthermore, it’s important to consider that having a DUI conviction on your record can also influence your car insurance rates, resulting in increased premiums for a duration of years.

Can I Remove a DUI From My Record?

Options for getting a DUI removed from a criminal record – otherwise known as expungement – are highly restricted; however, if you were arrested and charged but not convicted, you could be able to get your arrest record expunged. Also, if you completed the West Virginia DUI Deferral Program, you may be able to get any first-time, non-aggravated DUIs expunged after a year.

It’s important to also note that aggravated DUIs – cases involving a BAC of 0.15% or higher – and repeat offenses are not eligible for expungement. Through the DUI Deferral Program, first-time offenders can avoid having a permanent criminal record by successfully completing both an alcohol safety program and a probationary period.

A skilled attorney can help you understand your options for mitigating the negative consequences of your DUI arrest or conviction. If you are eligible for expungement, they can help you navigate relevant legal processes to clear your record. If you are not eligible, they can help you explore other legal options to minimize the negative consequences of your conviction.

FAQs

Q: How Does the West Virginia DMV’s Point System Work?

A: The DMV’s Point System in West Virginia works by assigning points to an individual’s driving record in order to monitor and correct any poor driving behavior. Depending on the traffic violation in question, offenders may accumulate a specific number of points, with an accumulation of six points or more resulting in a warning letter. Continued violations can result in a license suspension.

Q: How Many Points Lead to a License Suspension in West Virginia?

A: The number of points on a driving record in West Virginia is a function of the duration of the license suspension. License suspensions happen as follows: a 30-day suspension for 12-13 points, a 45-day suspension for 14-15 points, a 60-day suspension for 16-17 points, a 90-day suspension for 18-19 points, and 20 or more points resulting in a 120-day suspension. A DUI offense leads to an automatic license suspension.

A knowledgeable attorney can help you understand how points may impact your driving record.

Q: How Long Does a DUI Affect Your Criminal Record in West Virginia?

A: A DUI affects your criminal record in West Virginia, as it will likely stay there forever. Generally, DUI convictions are not eligible to be expunged. A detail-oriented criminal defense attorney can help you understand your options for mitigating the negative consequences of any DUIs you may have on your record.

Q: How Does a DUI Affect Car Insurance Rates in West Virginia?

A: A DUI can affect car insurance rates in West Virginia by causing them to rapidly increase, sometimes even doubling for a duration of many years. Car insurance rates are influenced by individual driving behaviors. Rates may also be influenced by trends within certain demographics, where some demographics are considered more high-risk than others for an accident or negative driving behaviors.

Q: How Can You Mitigate the Impact of a DUI Conviction on Your Record?

A: Although clearing a DUI conviction from your criminal record is generally not an option to mitigate impacts, you may be able to minimize some of the long-term issues by completing court-ordered programs, keeping a clean record, and reaching out to an experienced and knowledgeable criminal defense attorney. While many DUI convictions cannot be entirely prevented, an attorney can help you minimize the consequences you face.

Fight Back Against Your DUI Arrest or Conviction With an Experienced Attorney

If you have a DUI conviction in West Virginia, this can stay on your record for a lifetime – severely impacting aspects of your well-being, including insurance rates, employment opportunities, and driving privileges. If you are dealing with DUI charges, an experienced West Virginia criminal defense attorney from Meadows Law PLLC can help you today. Contact us today to get started discussing your case.