Implied consent, DUI penalties and interlock

Key points

1. If arrested for DUI, you are deemed to have consented to the designated Breathalyzer test.

   Source: PDF page 32

   “As a driver, you are deemed to have given consent to take the designated Breathalyzer for the purpose of determining alcohol content in your body.”
   West Virginia Driver's Licensing Handbook, PDF page 32

2. Refusing the Breathalyzer revokes your driving privilege for 1 year and up to life.

   Source: PDF page 32

   “If you refuse to take the Breathalyzer, your privilege to operate a motor vehicle will be revoked for a period of one (1) year and up to life.”
   West Virginia Driver's Licensing Handbook, PDF page 32

3. Many people wrongly assume implied consent means a fine or jail just for having alcohol on your breath.

   Source: PDF page 32

   “Many people mistakenly assume that the Implied Consent Law means they will be fined or go to jail if they are stopped and have alcohol on their breath.”
   West Virginia Driver's Licensing Handbook, PDF page 32

4. Under 18, a DUI revokes your license until 18 or for the statutory period, whichever is longer.

   Source: PDF page 32

   “If you are under the age of 18, a DUI offense will result in revocation of your driver's license until you reach the age of 18 or for the applicable statutory period of revocation or suspension, whichever is longer”
   West Virginia Driver's Licensing Handbook, PDF page 32

5. After any DUI revocation or suspension, you must complete a Safety and Treatment program before reinstatement.

   Source: PDF page 32

   “Any time your driver's license is revoked or suspended for a DUI, you must complete a prescribed Safety and Treatment program before you will be eligible to reinstate your driving privileges.”
   West Virginia Driver's Licensing Handbook, PDF page 32

6. An interlock device prevents an intoxicated person from starting the car.

   Source: PDF page 33

   “This device attaches to the ignition system of a vehicle and will prevent an intoxicated person from starting the car.”
   West Virginia Driver's Licensing Handbook, PDF page 33

7. The Interlock Program is mandatory after 2 or more DUI revocations within 10 years.

   Source: PDF page 33

   “If the driver has been revoked for two (2) or more DUI's or related offenses within a ten-year period, participation is mandatory.”
   West Virginia Driver's Licensing Handbook, PDF page 33

Numbers to know

3 questions from the West Virginia practice test

1. 1. What can happen when a driver refuses the designated Breathalyzer after a DUI arrest?

   1. The refusal changes the test result to zero
   2. Only the vehicle registration is affected
   3. The driver receives a warning but keeps the privilege automatically
   4. The privilege to operate a motor vehicle can be revoked from one year up to life
   Show answer

   The privilege to operate a motor vehicle can be revoked from one year up to life. West Virginia's implied consent rule treats a DUI-arrested driver as having consented to the designated Breathalyzer. Refusing it can lead to revocation of the privilege to operate a motor vehicle for one year and potentially up to life. The warning choice understates the consequence, while vehicle registration is not the sanction described here. Refusal also cannot turn an unknown alcohol concentration into a zero reading. The practical cue is that declining the chemical test creates its own licensing consequence apart from any later DUI prosecution.

2. 2. What does the West Virginia handbook say people mistakenly assume about the Implied Consent Law?

   1. That it applies only to commercial drivers
   2. That they will be fined or jailed just for being stopped with alcohol on their breath
   3. That refusing the test has no penalty
   4. That it requires a blood test in every stop
   Show answer

   That they will be fined or jailed just for being stopped with alcohol on their breath. The handbook notes that many people mistakenly assume the Implied Consent Law means they will be fined or go to jail if they are stopped and have alcohol on their breath. In fact the law is about consent to the designated Breathalyzer test; the serious consequence is for refusing it, which revokes the driving privilege for one year and up to life. The law applies to every driver, and it does not require a blood test at every stop.

3. 3. For a driver age 21 or older operating a noncommercial vehicle in West Virginia, what is the lowest BAC covered by the general alcohol per se threshold?

   1. Any reading for every driver
   2. More than 0.05 percent only
   3. 0.10 percent or more
   4. 0.08 percent or more
   Show answer

   0.08 percent or more. For the handbook's general BAC presumption, a reading of 0.08 percent or more means the driver is presumed to be under the influence. The 0.05 to below 0.08 range has a different role as relevant evidence of impairment, so it should not be substituted for the stated presumption threshold. A 0.10 threshold would allow a higher level than the rule describes. Zero tolerance language applies to drivers under 21 and is addressed separately. The number must be read together with the driver's age and the legal category being tested.

Source: the West Virginia Driver's Licensing Handbook, Chapter III: Driving Under The Influence. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.