West Virginia ignition interlock & DUI requirements
West Virginia requires an ignition interlock after a first DUI only at a BAC of 0.15 or higher (125 days minimum); below that threshold it is not automatic, though other circumstances set by the statute can still require one. A repeat offense carries 2 years minimum.
Ignition interlock device rules, approved vendors, SR-22 insurance filing, and license reinstatement in West Virginia, cited to the statute and West Virginia Division of Motor Vehicles.
- IID on first offense
- High-BAC only
- Minimum IID period (first)
- 125 days
- SR-22 filing
- Not required
The short answers
Do I need an interlock?
- First offense
- Required only above a high-BAC threshold
- Threshold
- BAC 0.15
- Minimum period
- 125 days
What the source says (2)
- First offense
“Provided, That anyone whose license is revoked for the first time for driving with a blood alcohol concentration of 0.15 percent or more, by weight, must participate in the program when the person's minimum revocation period, as specified by subsection (c) of this section, has expired”
- Minimum period
“the minimum period of revocation for participation in the test and lock program is 15 days and the minimum period for the use of the ignition interlock device is 125 days”
What it costs here
- State reinstatement fee
- $50
- Restricted-license fee
- $100
- Reduced-cost rule
- Available — see exemptions below
- Interlock lease, national range
- $50–$150 per month
What the source says (3)
- State reinstatement fee
“Provided, That before the license may be reinstated, the licensee shall pay a fee of $50, in addition to all other fees and charges, which shall be collected by the Division”
- Restricted-license fee
“In order to be eligible for the Alcohol & Drug Test and Lock Program, you must: 1. Not have any other revocations; 2. Have an active DUI revocation on your driving record; 3. Not be appealing the revocation administratively, in Circuit Court or in Supreme Court;”
- Reduced-cost rule
“The fee for installation and removal of ignition interlock devices shall be waived for persons determined to be indigent by the Division of Motor Vehicles pursuant to §17C-5A-3 of this code.”
How to drive legally now
- Restricted license
- Available in some first-offense cases · Alcohol & Drug Test and Lock Program restricted driver's…
- Waiting period
- 15 days
- Driving after a DUI in West Virginia: the restricted license
- How to get a license back in West Virginia
- Date the hearing deadline with the timeline calculator
What the source says (1)
- Restricted license
“Any person whose license is revoked for the first time pursuant to this article or the provisions of §17C-5-1 et seq. of this code is eligible to participate in the program when the person’s minimum revocation period, as specified by subsection (c) of this section, has expired”
Approved interlock providers
Vendors listed here appear on the West Virginia licensing agency's approved-device list. Listing order is alphabetical and is not a ranking or endorsement. Installation locations are on each vendor's own locator.
The West Virginia DMV does not publish its authorized-provider list. DMV form DMV-308-SE and the interlock program application state that the list of authorized providers is mailed to applicants once they are approved for the program.
Where to get it installed — the official approved-installer list: none published by the state
What West Virginia law requires
West Virginia's ignition interlock, SR-22, and reinstatement rules are set by the statute and agency rules cited below. The values in the tables on this page are taken from those sources and are not interpretations of how they apply to any particular case.
Primary source: W. Va. Code § 17C-5A-3a
Ignition interlock requirement
| Item | West Virginia rule |
|---|---|
| IID on first offense | Required only above a high-BAC threshold |
| Minimum IID period, first offense | 125 days minimum (BAC 0.08 to under 0.15, if participating); 270 days minimum (BAC 0.15 or more, mandatory) |
| Minimum IID period, repeat offense | 2 years minimum (plus 1 year for each additional prior within 10 years) |
Under W. Va. Code § 17C-5A-3a(b)(1), a person whose license is revoked for a first offense is "eligible to participate" in the Motor Vehicle Alcohol and Drug Test and Lock Program (participation shortens the revocation), but a first offender with a BAC of 0.15 percent or more "must participate" in the program. Threshold: 0.15 percent BAC. A first-offense refusal of the secondary chemical test carries a one-year minimum interlock period under § 17C-5A-3a(c)(2).
What the source says (5)
- IID on first offense
“Provided, That anyone whose license is revoked for the first time for driving with a blood alcohol concentration of 0.15 percent or more, by weight, must participate in the program when the person's minimum revocation period, as specified by subsection (c) of this section, has expired”
- Minimum IID period, first offense
“the minimum period of revocation for participation in the test and lock program is 15 days and the minimum period for the use of the ignition interlock device is 125 days”
- Minimum IID period, repeat offense
“The minimum revocation period for a person required to participate in the program under this subsection is one year and the minimum period for the use of the ignition interlock device is two years”
- Ignition interlock statute
“§17C-5A-3a. Establishment of and participation in the Motor Vehicle Alcohol and Drug Test and Lock Program.”
- IID on first offense
“(b) (1) Any person whose license is revoked for the first time pursuant to this article or the provisions of §17C-5-1 et seq. of this code is eligible to participate in the program when the person's minimum revocation period, as specified by subsection (c) of this section, has expired”
Removal: Period-based with completion of all program terms. Full rule and source
SR-22 requirement
An SR-22 is a certificate an insurer files with the state to confirm that a driver carries the liability coverage the state requires. Some states use an FR-44 or a different form for alcohol-related offenses; where West Virginia does, the sources below say so.
| SR-22 filing required after a DUI | No |
|---|---|
| Filing period | Not applicable |
W. Va. Code ch. 17D, art. 4 ('Proof of Financial Responsibility for the Future') is the article that requires a future-proof (SR-22-type) filing, and its operative sections trigger it only for nonpayment of judgments: § 17D-4-4 (courts report nonpayment), § 17D-4-5 (suspension for nonpayment), § 17D-4-6 (suspension continues until judgments are paid and proof is given), §§ 17D-4-7/-8 (payments); §§ 17D-4-2, -3, -12 and -14 are definitions/scope, and the remaining sections of the article (§§ 17D-4-1, -9 to -11, -13, -15 to -20) appear in the Legislature's article listing as repealed. A DUI conviction or administrative DUI revocation is not among the triggers. The DUI revocation, Safety and Treatment, and interlock statutes (§§ 17C-5A-2, 17C-5A-3, 17C-5A-3a) and the $50 reinstatement-fee statute (§ 17B-3-9) contain no insurance-filing requirement (the only occurrence of 'insurance' on each of those pages is the site navigation entry for Chapter 33). The DMV Safety & Treatment Program page (as published on 2026-08-28) describes the DUI reinstatement prerequisites as the educational component and substance abuse evaluation/assessment with no SR-22; no DMV page enumerates every DUI reinstatement requirement, so rule 3 was not relied on. Compulsory liability insurance (§ 17D-2A-3) still applies to all drivers.
What the source says (6)
- SR-22 filing required after a DUI
“§17D-4-4. When courts to report nonpayment of judgments. §17D-4-5. Suspension for nonpayment of judgments; exceptions. §17D-4-6. Suspension to continue until judgments paid and proof given; effect of discharge in bankruptcy.”
- sr22Note_17D4_listing
“ARTICLE 4. PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE. §17D-4-1. Repealed. Acts, 1990 Reg. Sess., Ch. 137. §17D-4-2. "Proof of financial responsibility" defined.”
- sr22Note_17D4_judgmentSections
“§17D-4-4. When courts to report nonpayment of judgments. §17D-4-5. Suspension for nonpayment of judgments; exceptions. §17D-4-6. Suspension to continue until judgments paid and proof given; effect of discharge in bankruptcy.”
- sr22Note_17D4_repealed1990
“§17D-4-9. Repealed. Acts, 1990 Reg. Sess., Ch. 137. §17D-4-10. Repealed. Acts, 1990 Reg. Sess., Ch. 137. §17D-4-11. Repealed. Acts, 1990 Reg. Sess., Ch. 137. §17D-4-12. "Motor vehicle liability policy" defined; scope and provisions of policy.”
- sr22Note_17D4_repealed2006
“§17D-4-15. Repealed. Acts, 2006 Reg. Sess., Ch. 164. §17D-4-16. Repealed. Acts, 2006 Reg. Sess., Ch. 164. §17D-4-17. Repealed. Acts, 2006 Reg. Sess., Ch. 164. §17D-4-18. Repealed. Acts, 2006 Reg. Sess., Ch. 164. §17D-4-19. Repealed. Acts, 2006 Reg. Sess., Ch. 164.”
- sr22Note_17D-4-5
“§17D-4-5. Suspension for nonpayment of judgments; exceptions. (a) The commissioner upon receipt of a certified copy of a judgment, shall forthwith suspend the license and registration”
Program costs
Fees set by the state are cited to the fee schedule. Vendor charges vary by vendor and are shown as published ranges with the month they were checked.
| Item | Amount | As of |
|---|---|---|
| License reinstatement fee | $50 | 2026-08-29 |
| Alcohol and Drug Test and Lock Program application processing fee(DMV, non-refundable) | $100 | 2026-08 |
| Interlock installation/removal fee for indigent participants(W. Va. Code § 17C-5A-3a(a)(5)) | Waived for persons determined indigent by the DMV | 2026-08 |
| Program user's fee(W. Va. Code § 17C-5A-3a(a)(2)) | Amount set by DMV; paid in advance(amount not stated in the statute or on DMV pages) | 2026-08 |
What the source says (1)
- License reinstatement fee
“Provided, That before the license may be reinstated, the licensee shall pay a fee of $50, in addition to all other fees and charges, which shall be collected by the Division”
Exemptions and special cases
Four questions readers ask once an interlock is ordered — motorcycles, employer vehicles, medical inability to give a breath sample, and reduced-cost programs — answered as West Virginia's interlock program page or statute states them.
| Question | West Virginia rule |
|---|---|
| Motorcycles | Not addressed on the official pages read Neither W. Va. Code § 17C-5A-3a, the DMV legislative rule 91CSR5 § 91-5-16 (Motor Vehicle Alcohol Test and Lock Program), nor the DMV program information sheet DMV-308-SE mentions motorcycles. DMV-308-SE requires an interlock and camera device in all vehicles owned or used by the participant and states the vehicle must be manufactured after 1988. |
| Employer-owned vehicle | Exempt with conditions W. Va. Code § 17C-5A-3a(k): a person enrolled in the Test and Lock Program may operate a motor vehicle without a device solely at his or her job site, if the operation is a condition of employment; 'job site' does not include any street or highway open to the public for vehicular traffic. There is no general exemption for driving an employer-owned vehicle on public roads; DMV-308-SE requires a device in all vehicles owned or used by the participant. What the source says“may operate a motor vehicle solely at his or her job site if the operation is a condition of his or her employment. For the purpose of this section, “job site” does not include any street or highway open to the use of the public for purposes of vehicular traffic.” |
| Unable to provide a breath sample | Not addressed on the official pages read W. Va. Code § 17C-5A-3a, 91CSR5 § 91-5-16, DMV-308-SE and the DMV interlock application contain no waiver or alternative for a person physically unable to provide a breath sample. |
| Reduced-cost / indigent program | Available W. Va. Code § 17C-5A-3a(a)(5): the fee for installation and removal of the device is waived for persons determined indigent by the DMV under § 17C-5A-3 (the Safety and Treatment Program indigency determination). Under 91CSR5 § 91-5-16.10.c, participants with a verified family household income of 150% or less of the federal poverty level receive a waiver of device installation and removal fees; the service provider's fee schedule for indigent participants is approved by the commissioner. Monthly monitoring/lease fees are not stated as waived. The DMV Safety and Treatment FAQ refers to the provider-administered 'State Indigent Program' for clients meeting the Federal Poverty Guidelines. What the source says“The fee for installation and removal of ignition interlock devices shall be waived for persons determined to be indigent by the Division of Motor Vehicles pursuant to §17C-5A-3 of this code.” |
| Indigent fee schedule – 150% of federal poverty level (91CSR5 § 91-5-16.10.c) | The DMV legislative rule sets the indigency threshold for the installation/removal fee waiver at a family household income of 150% or less of the federal poverty level, adjusted yearly to the federal guidelines. What the source says“Upon verification of family household income, participants with an income of 150% or less of the federal poverty level shall receive a waiver for device installation and removal fees.” |
| Device required in all vehicles owned or used; owner's written approval (DMV-308-SE) | The program requires an interlock and camera device in all vehicles owned or used by the participant; an applicant must own the vehicle(s) or have the owner's written approval for installation. What the source says“Own the vehicle(s) to be used in the Alcohol & Drug Test and Lock Program, or have the owner’s written approval for the installation of the ignition Interlock device” |
| Vehicle age / OBD requirement (DMV-308-SE) | The vehicle must be manufactured after 1988 and may require an inspection to verify OBD I equipment before the interlock and camera devices can be installed. What the source says“Your vehicle must be manufactured after 1988 and may require an inspection to verify it is equipped with OBD I (On Board Diagnostics Generation 1) in order for the ignition Interlock and camera devices to be installed.” |
| Out-of-state participants (DMV-308-SE) | A participant licensed in another state must provide a copy of the resident state's driver's license to WV DMV within 30 days of installation; failure is a ground for removal from the program. What the source says“Failure to provide a copy of your resident state’s driver’s license (if not WV) to WV DMV within 30 days of having the Interlock device installed” |
| Safety and Treatment Program 'State Indigent Program' (DMV FAQ) | The DMV FAQ states all Safety and Treatment Program providers offer the State Indigent Program for clients who meet the Federal Poverty Guidelines; the interlock fee waiver in § 17C-5A-3a(a)(5) keys off the DMV indigency determination made under § 17C-5A-3. What the source says“All WV Safety and Treatment Program Providers offer the State Indigent Program for clients who meet the Federal Poverty Guidelines. Clients will need to inquire about Indigent Determination with their Safety and Treatment Provider.” |
| Statutory scope: every vehicle owned or operated (W. Va. Code § 17C-5A-3a) | The statute's participation subsection states that a person required to participate must have a device installed on every vehicle he or she owns or operates; the statute does not mention motorcycles or a medical inability to provide a breath sample. What the source says“Any person required to participate under this subsection must have an ignition interlock device installed on every vehicle he or she owns or operates.” |
Compare: motorcycles by state · employer, medical and reduced-cost exemptions by state
Frequently asked questions
- Is an ignition interlock required after a first DUI in West Virginia?
- Under W. Va. Code § 17C-5A-3a(b)(1), a person revoked for a first offense is eligible to participate in the Motor Vehicle Alcohol and Drug Test and Lock Program, and anyone revoked for a first offense with a BAC of 0.15 percent or more must participate. Under § 17C-5A-3a(d), a person with a prior conviction or revocation within 10 years must participate.
- How long must the interlock stay installed in West Virginia?
- W. Va. Code § 17C-5A-3a(c) sets minimum device periods for first offenses: 125 days for a BAC of 0.08 to under 0.15 (15-day minimum revocation), 270 days for a BAC of 0.15 or more (45-day minimum revocation), and one year for a test refusal. Under § 17C-5A-3a(d), repeat offenders face a two-year minimum device period, plus one year for each additional prior within 10 years.
- What does the West Virginia DMV charge to apply for the interlock program?
- The WV DMV interlock application states that the application must be mailed with an application processing fee of $100.00, payable to "WV DMV," and that the fee is non-refundable. Separately, W. Va. Code § 17B-3-9 requires a $50 fee before a suspended or revoked license may be reinstated.
- Where does West Virginia publish its list of approved interlock providers?
- According to WV DMV form DMV-308-SE, an approved participant receives written notification from the WV DMV with an approval number and a list of authorized ignition interlock device service providers from which to choose. A public list was not located on dmv.wv.gov during this research.
- Can the interlock installation fee be waived in West Virginia?
- Yes for indigent participants. W. Va. Code § 17C-5A-3a(a)(5) provides that the fee for installation and removal of ignition interlock devices shall be waived for persons determined to be indigent by the Division of Motor Vehicles, with procedures set by legislative rule.
Sources
- W. Va. Code § 17C-5A-3a (Motor Vehicle Alcohol and Drug Test and Lock Program) - WV Legislature
- W. Va. Code § 17B-3-9 (reinstatement fee) - WV Legislature
- W. Va. Code § 17C-5-2 (DUI offense) - WV Legislature
- W. Va. Code § 17C-5A-3 (Safety and Treatment Program) - WV Legislature
- WV DMV form DMV-308-SE, Alcohol & Drug Test and Lock Program Revocation Interlock Information (Rev. 07/2023)
- WV DMV Alcohol and Drug Test and Lock Program application (INTERLOCK_Application-WEB-USE.pdf)
- WV DMV Forms page (links to DMV-308-SE and DMV-21-DU)
- WV Division of Motor Vehicles home page
- WV DMV FAQ
- W. Va. Code ch. 17D, art. 4 - Proof of Financial Responsibility for the Future (article section listing) - WV Legislature
- W. Va. Code § 17D-4-2 - 'Proof of financial responsibility' defined - WV Legislature
- W. Va. Code § 17D-4-5 - Suspension for nonpayment of judgments; exceptions - WV Legislature
- W. Va. Code § 17D-4-6 - Suspension to continue until judgments paid and proof given - WV Legislature
- W. Va. Code § 17C-5A-2 - Hearing; revocation; review - WV Legislature
- WV Secretary of State - Code of State Rules, Title 91 Legislative Rule, Division of Motor Vehicles, Series 5 (91CSR5, eff. July 1, 2010; test and lock program provisions; Word document)
- WV DMV - Safety & Treatment Program
- WV DMV - Safety & Treatment Program FAQ
- WV DMV - Safety & Treatment Program, Information for WV Residents
- WV DMV - Insurance (compulsory insurance verification; no SR-22 provision)
- WV DMV Skip the Trip - Driver Reinstatement (fee payment only)
Record history
- — Record verified against primary sources.