How to get your license back after a DUI in West Virginia
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the West Virginia Division of Motor Vehicles lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Serve the minimum revocation period (or enter the Alcohol and Drug Test and Lock Program)
Under W. Va. Code § 17C-5A-3a(c), a first offender who participates in the Motor Vehicle Alcohol and Drug Test and Lock Program serves a minimum revocation of 15 days (BAC 0.08 to under 0.15; six-month revocation otherwise) or 45 days (BAC 0.15 or more) before the device period begins; under § 17C-5A-3a(d) a repeat offender within 10 years serves a minimum one-year revocation. Under § 17C-5A-3(c)(2), where the revocation is one year or more, the license may not be reissued until at least one half of the revocation period has elapsed. DMV form DMV-308-SE states that a person who applies and is approved for the interlock program before the scheduled revocation date avoids the revocation, with the revocation period added to the device participation period.
What the source says
“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”
- 2
Enroll in and complete the Safety and Treatment Program
WV DMV states the Safety and Treatment Program requires revoked DUI offenders to participate in DUI education and treatment prior to license reinstatement, and that all DUI offenders must complete an educational component and a substance abuse evaluation/assessment to have their license reinstated. Under § 17C-5A-3a(b)(1), an interlock participant must be enrolled in or have completed the program, or show enrollment within 60 days of approval.
What the source says
“The Safety and Treatment Program requires revoked DUI offenders participate in DUI education and treatment prior to license reinstatement. All DUI offenders must complete an educational component and a substance abuse evaluation/assessment in order to have their license reinstated.”
- 3
Complete any treatment recommended by the assessment
DMV states that if the treatment assessment indicates a need for further treatment, the client must complete any recommended treatment (Level II or III with in-state providers) to fulfill the West Virginia requirements; DMV-308-SE states the offender must comply with all recommendations made by the program provider.
What the source says
“If the treatment assessment indicates a need for further treatment, the client must complete any recommended treatment to fulfill the West Virginia requirements. (considered Level II or III treatment with in-state providers)”
- 4
Pay all program, administration, and court costs
Under W. Va. Code § 17C-5A-3(c)(2), the license may not be reissued until the offender has successfully completed the program, all costs of the program and administration have been paid, and all court costs assessed in the criminal proceeding have been paid. DMV's FAQ states the in-state Level I (education component) fee is $400, Level II/III fees are set by the provider, and all providers offer the State Indigent Program for clients meeting the Federal Poverty Guidelines; fees are payable in person at the Charleston/Kanawha City DMV or by mail.
What the source says
“(B) the offender has successfully completed the program; (C) all costs of the program and administration have been paid; and (D) all court costs assessed as a result of a criminal proceedings have been paid.”
- 5
Complete the Alcohol and Drug Test and Lock Program (ignition interlock) where required
DMV-308-SE states West Virginia law requires individuals who commit certain DUI offenses to have their license revoked and to successfully complete the Alcohol & Drug Test and Lock Program before full driving privileges are restored. Under § 17C-5A-3a(b)(1) participation is mandatory for a first offense with a BAC of 0.15 or more (voluntary for other first offenders), and under § 17C-5A-3a(d) for any repeat offense within 10 years, with the device on every vehicle owned or operated. Minimum device periods: 125 days (first offense, BAC under 0.15), 270 days (first offense, BAC 0.15 or more), one year (first-offense refusal), two years (repeat offense), per § 17C-5A-3a(c)-(d).
What the source says
“West Virginia Law requires that any individuals who commit certain DUI offenses must have their driver’s license revoked and must successfully complete the Alcohol & Drug Test and Lock Program (Interlock) before having their full driving privileges restored.”
- 6
Submit completion paperwork to the DMV Safety and Treatment Unit
DMV states paperwork may be submitted by the provider or the DUI offender by mail, fax, email, or in person at the Charleston/Kanawha City DMV, that getting it to DMV is the offender's responsibility, and that a license cannot be reinstated until the terms of the Safety and Treatment Program are met; DMV-308-SE asks for at least 20 business days for processing.
What the source says
“There is no time constraint on completing or turning in your Safety and Treatment documents (unless you are part of the Interlock program), however you will be unable to reinstate your license until you have complied with the terms of the Safety and Treatment Program.”
- 7
Pay the $50 reinstatement fee
Under W. Va. Code § 17B-3-9, before a suspended or revoked license may be reinstated the licensee must pay a $50 fee in addition to all other fees and charges. DMV's general FAQ notes regional offices cannot accept reinstatement fees (the fee is payable through DMV's Skip the Trip driver reinstatement service or at the Charleston DMV per the existing WheelsBack state record).
What the source says
“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 and deposited in a special revolving fund”
Official reinstatement page: West Virginia Division of Motor Vehicles
Conditions that travel with reinstatement
| Reinstatement fee | $50 |
|---|---|
| SR-22 / financial-responsibility filing | No — West Virginia SR-22 requirements |
| Ignition interlock | West Virginia interlock rule |
| Required program | West Virginia DUI Safety and Treatment Program (18 hours of DUI education plus substance abuse evaluation/assessment) — WV DMV Safety and Treatment Unit, W. Va. Code § 17C-5A-3 |
| Driving during the suspension | Motor Vehicle Alcohol and Drug Test and Lock Program restricted driver's license (interlock-restricted license, W. Va. Code § 17C-5A-3a(h)) |
| Re-examination | Knowledge test: required in some cases · road test: required in some cases |
Required program: West Virginia DUI Safety and Treatment Program (18 hours of DUI education plus substance abuse evaluation/assessment) — WV DMV Safety and Treatment Unit, W. Va. Code § 17C-5A-3
WV DMV states the Safety and Treatment Program, enacted for all DUI offenders in September 1981 and transferred from DHHR to the DMV on June 7, 2019 under W. Va. Code § 17C-5A-3, must be completed through an authorized West Virginia provider; the curriculum has two components, 18 hours of DUI education (Level I) and a substance abuse evaluation/assessment, with recommended treatment (Level II or III) required if the assessment indicates a need. DMV's FAQ states the in-state program is a minimum of one 3-hour class per week, the Level I fee is $400, no online coursework is accepted, non-residents may complete requirements in their state of residence, and all providers offer the State Indigent Program. Under § 17C-5A-3(b), the program includes treatment of alcoholism and alcohol and drug abuse, psychological counseling, educational courses on the dangers of alcohol and drugs as they relate to driving, and defensive driving.
“If you received a DUI in the state of West Virginia, you will need to complete the Safety and Treatment Program ... The West Virginia Program Curriculum is comprised of two components: 18 hours of DUI education A substance abuse evaluation/assessment”
Driving during the suspension: Motor Vehicle Alcohol and Drug Test and Lock Program restricted driver's license (interlock-restricted license, W. Va. Code § 17C-5A-3a(h))
Under W. Va. Code § 17C-5A-3a(h), on permitting an eligible person to participate in the program the Commissioner issues a driver's license reflecting that the person is restricted to operating a motor vehicle equipped with an approved alcohol and drug test and lock system; legislative rule 91CSR5 § 16.5.f describes it as a restricted Class E license issued on the provider's notification of installation and completed orientation. DMV-308-SE lists eligibility as stated: no other revocations; an active DUI revocation on the record; not appealing the revocation; completed or enrolled in the Safety and Treatment Program within 60 days of beginning the program; own the vehicle(s) or have the owner's written approval; at least 18 years of age. The DMV application carries a $100 non-refundable processing fee, and DMV sends the approved participant an approval number and the list of authorized service providers. West Virginia has no general hardship or work license for DUI revocations on the DMV pages; § 17C-5A-3a(k) allows an enrolled participant to operate a vehicle solely at a job site as a condition of employment.
“the commissioner shall issue to the person, and the person is required to exhibit on demand, a driver’s license which shall reflect that the person is restricted to the operation of a motor vehicle which is equipped with an approved motor vehicle alcohol and drug test and lock system.”
When the interlock can be removed
Period-based with completion of all program terms. Under W. Va. Code § 17C-5A-3a(c)-(d), the minimum device periods are 125 days (first offense, BAC 0.08 to under 0.15), 270 days (first offense, BAC 0.15 or more), one year (first-offense refusal) and two years (repeat offense within 10 years, plus one year per additional prior, with add-ons for a minor in the vehicle, injury or death). Under § 17C-5A-3a(e)(1), where the person enters the program before the revocation takes effect, the revocation is deferred and the Commissioner waives it if the person successfully completes all program terms for the minimum device period plus the applicable minimum revocation period. Under § 17C-5A-3a(i), the Commissioner may extend the minimum revocation and participation periods for a person who violates the terms and conditions of participation; DMV-308-SE lists violations that subject a participant to removal from the program (missed 30-day monitoring, driving without the device, tampering or removing the device, failed retests, non-progress in the Safety and Treatment Program, positive drug tests, etc.). DMV-308-SE states full driving privileges are restored only on successful completion of the program. Under § 17C-5A-3a(a)(5), the installation and removal fee is waived for persons the DMV determines to be indigent; no other removal fee cap or separate removal-authorization document was found on the pages.
Compliance period: none stated as a violation-free window; the minimum device period (125 or 270 days first offense; 1 year refusal; 2 years repeat) must be successfully completed and may be extended by the Commissioner for violations
“If a person successfully completes all terms of the Motor Vehicle Alcohol and Drug Test and Lock Program for a period equal to the minimum period for the use of the ignition interlock device pursuant to subsection (c) of this section, ... the commissioner shall waive the revocation period.”
Will you have to retake the test? Re-examination in West Virginia
Some states hand the license back once the conditions are met; others treat a revoked or long-withdrawn license as expired and issue a new one only after the knowledge test, the road test or a vision screening is passed again. The rules below are the licensing agency's own, one per test.
| Knowledge (written) test | Required in some cases The DMV's suspension and revocation page and its Safety and Treatment Program pages list no test, and the handbook states that a DUI suspension or revocation is reinstated after the prescribed Safety and Treatment Program, with reinstatement transactions handled in person, by mail or online. Retesting is tied to expiry: a driver renewing a West Virginia license that has been expired for three years or more is required to retest and goes through the full examination process as a first-time applicant. The Commissioner can also require a written or driving examination of a licensed driver for cause. What the source says“is required to retest. If your out-of-state driver’s license has expired, you are also required to retest. You will be required to go through the full examination process and provide all necessary documents as a first-time applicant.” |
|---|---|
| Road (driving) test | Required in some cases The road skills test is part of the full examination a first-time applicant takes, which the handbook applies to a license expired three years or more, and it is given only after the vision and knowledge parts are passed. It can also be ordered by the Commissioner for cause. No DMV page lists it as a step after a DUI suspension or revocation. What the source says“You may be required to take a medical, written, or driving examination if the Commissioner of Motor Vehicles has good cause to believe you are incompetent or otherwise not qualified to be licensed.” |
| Vision screening | Required in some cases Vision screening is taken by every new applicant and at every renewal, and W. Va. Code § 17B-2-12a makes passing a vision screening a condition of renewing a license; it is not listed as a reinstatement step. What the source says“All persons, whether new applicants or renewals, will have to pass the vision screening.” |
What triggers a re-test
Expiry, not the withdrawal itself: a West Virginia license expired three years or more is renewed only through the full examination process as a first-time applicant, and an expired out-of-state license is retested too. A DUI suspension or revocation is reinstated after the Safety and Treatment Program and the reinstatement fee, with no test stated; the Commissioner may require a medical, written or driving examination for cause.
“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.”- Testing fee
- $7.50 — the test fee per attempt for a Class E driver's license, alongside the $5 per year license fee and a $5 expired fee; the $50 reinstatement fee under W. Va. Code § 17B-3-9 is separate
What the source says
“Driver’s License $5.00 per year $5.00 $7.50 Class “E” per attempt”
- Where to take it
- webapps.transportation.wv.gov — the vision and knowledge tests are given by driver examiners at DMV designated locations; the road skills test follows in the applicant's own vehicle once the other parts are passed
- Official driver manual
- West Virginia Driver's Licensing Handbook
- The rule
- W. Va. Code § 17B-3-7
“The department, having good cause to believe that a licensed operator or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written notice of at least five days to the licensee require him to submit to an examination.”
Questions about re-testing in West Virginia
- Does a West Virginia DUI revocation mean retaking the tests?
- No DMV page or handbook passage lists a test as a step after a DUI revocation. The handbook states that a DUI suspension or revocation requires completing the prescribed Safety and Treatment Program before the driver is eligible to reinstate, and W. Va. Code § 17B-3-9 sets the reinstatement fee at $50.
- When is retesting required?
- When the license has expired: the handbook says a driver renewing a West Virginia license that has been expired for three years or more is required to retest and goes through the full examination process as a first-time applicant, and every new applicant and renewal passes the vision screening. Under W. Va. Code § 17B-3-7 the Commissioner can also require an examination of a licensed driver it has good cause to believe is not qualified.
- What does the examination include?
- Under W. Va. Code § 17B-2-7, a test of eyesight, of the ability to read highway signs, of knowledge of the traffic laws and of the effects of alcohol, and an actual demonstration of the ability to control a motor vehicle. The handbook says the road test is not given until the other parts are passed, and the test fee is $7.50 per attempt.
Reinstatement knowledge check: West Virginia
Ten questions on the rules this site cites for the state — the figures the licensing agency and the statute state, with a link to where each one is stated. The order changes every time.
This is not the agency's knowledge test and does not predict it; it checks the rules cited on this site.
Questions about reinstatement in West Virginia
- What must be completed before a West Virginia license is reinstated after a DUI revocation?
- WV DMV states all DUI offenders must complete the Safety and Treatment Program's educational component and substance abuse evaluation/assessment, plus any recommended treatment, before reinstatement. Under W. Va. Code § 17C-5A-3(c)(2), reissuance also requires payment of all program, administration and court costs and, for revocations of a year or more, at least half the period served. W. Va. Code § 17B-3-9 adds a $50 reinstatement fee.
- How long must the interlock stay installed in West Virginia, and can it be extended?
- Under W. Va. Code § 17C-5A-3a(c), the minimum device period is 125 days for a first offense with a BAC under 0.15, 270 days at 0.15 or more, and one year for a refusal; under § 17C-5A-3a(d) a repeat offense requires two years plus one year per additional prior. Under § 17C-5A-3a(i), the Commissioner may extend the periods for violations of program terms, and DMV-308-SE lists violations that result in removal from the program.
- Does West Virginia issue a restricted license during a DUI revocation?
- Under W. Va. Code § 17C-5A-3a(h), a person admitted to the Motor Vehicle Alcohol and Drug Test and Lock Program receives a driver's license restricted to vehicles equipped with an approved interlock. DMV-308-SE lists eligibility as having an active DUI revocation and no other revocations, no pending appeal, enrollment in the Safety and Treatment Program within 60 days, vehicle ownership or owner consent, and age 18 or older; the application fee is $100.
Sources
- WV DMV – Safety & Treatment Program (program overview; reinstatement prerequisites)
- WV DMV – Safety & Treatment Program FAQ (fees, scheduling, paperwork, indigent program)
- WV DMV – Safety & Treatment Program, Information for WV Residents (curriculum, authorized providers)
- 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 ($100 processing fee)
- W. Va. Code § 17C-5A-3a – Motor Vehicle Alcohol and Drug Test and Lock Program (WV Legislature)
- W. Va. Code § 17C-5A-3 – Safety and treatment program; reissuance of license
- W. Va. Code § 17B-3-9 – Reinstatement fee
- WV Secretary of State – 91CSR5 (DMV legislative rule; test and lock program provisions, eff. July 1, 2010)