Recent West Virginia DUI Law Changes
What changed, when it took effect, and who it affects.
June 12, 2026
Baylea’s Law: Aggravated DUI Resulting in Death (HB 4712)
Created the offense of Aggravated DUI Resulting in Death for driving under the influence with deliberate disregard for human life. It carries 5 to 30 years in prison, a $2,000 to $10,000 fine and lifetime license revocation, with no home confinement.
June 12, 2025
Longer window for prior DUI convictions (SB 138)
Rewrote the second and third-or-later DUI offenses in §17C-5-2. Courts now disregard prior DUI convictions only if they are more than 15 years old.
Official sources
- WV Division of Motor Vehicles — Impaired Driving
- WV DMV — Alcohol & Drug Test and Lock Program Revocation Interlock Information (DMV-308-SE)
- WV DMV — Safety & Treatment Program FAQ
- W. Va. Code §17C-5-2
- W. Va. Code §17C-5-2 (PDF, October 2025)
- W. Va. Code Chapter 17C, Article 5
- W. Va. Code §17C-5A-1a
- W. Va. Code §17C-5A-2b
- W. Va. Code §17C-5A-3a
- W. Va. Code §17C-5C-1a
- West Virginia Legislature — SB 130 (2020), enrolled
- West Virginia Legislature — SB 138 (2025), enrolled
- W. Va. Code §17C-5-2b (deferral for certain first offenses)
- Supreme Court of Appeals of WV — Rules of Criminal Procedure for Magistrate Courts
- Supreme Court of Appeals of WV — Arraignment
- WV Public Defender Services — Stages of a West Virginia Criminal Case
- WV DMV — Interlock application
- WV DMV — Safety & Treatment Program
- Office of the Governor — Governor Morrisey signs “Baylea’s Law”
- West Virginia Legislature — HB 4712 (2026) bill history
- West Virginia Legislature — SB 138 (2025) bill history
- WV DMV — Safety & Treatment Program: Information for WV residents
- WV Judiciary — Kanawha County Magistrate Court
- WV Judiciary — Cabell County Magistrate Court
- WV Judiciary — Monongalia County Magistrate Court
- WV Judiciary — Wood County Magistrate Court
- WV Judiciary — Ohio County Magistrate Court
Educational information, not legal advice. West Virginia law changes and every case is different. Confirm deadlines with West Virginia Division of Motor Vehicles and talk to a licensed West Virginia attorney about your situation.
Some details on this page are still being verified against official sources. Check the linked sources before relying on a specific number or deadline.
Last reviewed October 1, 2026.