West Virginia West Virginia’s all -offender ignition interlock law went into effect in July 2008. From 2006 to 2020 in West Virginia, interlocks stopped 31,052 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 1,478 attempts to drive drunk in 2020. Why does MADD call the law all-offender? The only way a first-time arrested drunk driver can drive during a driver license agency-imposed license suspension is via an ignition interlock.
Grade: C (74/100) West Virginia’s all -offender interlock law received a major setback in 2020 when lawmakers weakened the law. The law contains loopholes which give judges too much discretion and allows drunk drivers to avoid installing an interlock by waiting out a license suspension.
Process to obtain an ignition interlock 1. Complete ignition interlock application after contacting the West Virginia DMV. 2. Schedule an appointment to have an interlock device installed. 3. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation 1st offense .08 to .14 BAC Upon arrest 4 months
Eliminate interlock waiting periods for refusals.
Upon arrest
6 months
1st offense .15 BAC or more
Second offense
Unclear
2 years 1 year
First refusal
45 days after revocation
Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes No person will be removed with recorded violations during the last 60 days of scheduled participation and shall be assessed additional penalty time up to 60 days or until final download is violation free. All participants of the WV Interlock Program are governed by the fol lowing demerit system. This demerit system has been established to formalize the DMV’s policy regarding violations occurring during participation of the Interlock Program. Demerit accumulation may cause an extension of the program participation and/or disqualification. For example, participants of the Interlock Program that blow a High BAC upon initial startup of his/her vehicle may be assessed a $50 fee by the servicing Interlock provider. Upon verification of this violation by the DMV, a demerit assessment, program extension and /or disqualification will be administered in accordance with this policy. The Division shall monitor for program compliance every thirty days from the date of installation. All violations occurring within a monitoring period will be reviewed and the
violation causing the greatest demerit value will be assessed. Day-for-Day credit for early installation? Yes Interlocks required for plea agreements or diversion?
No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes The fee for installation and removal of an interlock shall be waived for persons determined to be indigent by the Department of Health and Human Resources. The commissioner shall establish by legislative rule, procedures to be followed with regard to persons determined by the Department of Health and Human Resources to be indigent. Sources: 17C-5A-3a, West Virginia DMV.
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