West Virginia ignition interlock & DUI requirements
Ignition interlock device rules, approved vendors, SR-22 insurance filing, and license reinstatement in West Virginia, cited to the statute and the West Virginia Division of Motor Vehicles.
- IID on first offense
- Required only above a high-BAC threshold
- Minimum IID period (first)
- 125 days minimum
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).
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.
Official approved-vendor list: none published by the state
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 |
Recorded as false under the statutory-enumeration rule (FOLLOWUP rule 2 applied to the WV Code). 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 (fetched 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.
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 | 2026-08-28 |
| License reinstatement fee (all suspensions/revocations, W. Va. Code § 17B-3-9) | $50 | 2026-08 |
| 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 on fetched pages) | 2026-08 |
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)