West Virginia’s Ignition Interlock Device Laws

West-Virginia-FlagIn the State of West Virginia, an individual convicted of driving under the influence (DUI) must participate in the State’s Alcohol Test and Lock Program (ATLP). Part of the ATLP is use of an ignition interlock device (IID). Within sixty (60) days of installing an IID through a state-approved service provider, individuals must enroll in the ATLP. An IID must be installed on all vehicles owned or operated by the offender and must be serviced at regular intervals. Employer-owned vehicles without an IID installed on them may only be operated within the job site and the job site may not include public streets or highways.

Offenders are responsible for all costs associated with the use of an IID, including regular maintenance. Any evidence of attempts to tamper with, circumvent, or otherwise bypass use of the IID results in jail time and fines. How long an offender must use an IID depends upon a number of factors including blood alcohol content (BAC), previous convictions, and harm inflicted. Owners of vehicles who allow individuals under the influence to operate their vehicles face revocation of their driving privileges and use of an IID. IIDs authorized for use in West Virginia require rolling re-tests and failure of a rolling re-test activates the vehicle’s horn. The horn will blast until either the re-test is passed or the vehicle is turned off.

First-time DUI offenders must use an IID for the following periods of time:

  • 125 days or longer for BAC between .08 and .149
  • 275 days or longer for BAC of .15 or higher
  • 10 months or longer for BAC of .08 or higher with minors in the vehicle
  • 1 year or longer for refusal of secondary chemical test
  • 1 year or longer if DUI resulted in bodily injury to another
  • 2 years or longer if DUI resulted in death of another