In 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
You may apply to participate in the WV Motor Vehicle Alcohol Test & Lock Program. If accepted to the Motor Vehicle Alcohol Test & Lock Program you will need to serve a 15 day revocation period and install an Ignition Interlock device for six months, for program participants who had a blood alcohol concentration (BAC) of .15 or greater, the revocation period is 45 days, followed by nine months with an interlock.
Single-State Step
- Complete and submit an Application for the Alcohol Test & Lock Program to the West Virginia DMV for approval.
- You must have the Ignition Interlock device (IID) installed within six months of the date of application for the Alcohol Test and Lock Program.
- You must be driven to the appointment for the ignition Interlock device installation and to the DMV to get an Interlock restricted license by a licensed driver.
- Enroll in a state-approved DUI Safety and Treatment Program. You can find the list of approved providers and more information here.
West Virginia Ignition Interlock Resources
- West Virginia Interlock Program Forms: https://transportation.wv.gov/DMV/DMVFormSearch/DMV-308-SE-Interlock-Program.pdf
- West Virginia DMV: https://transportation.wv.gov/DMV/Pages/default.aspx
- West Virginia DMV Portal: https://transportation.wv.gov/DMV/DMVFormSearch/Interlock_Application-WEB-USE.pdf
Every situation and state is unique, please consult with your attorney or your state licensing authority to confirm your requirements and obligations.
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