WEST VIRGINIA

General Information:

 Following conviction, all DUI offenders are required to have an alcohol assessment to determine the nature and extent of their alcohol problems. The offender pays for the assessment.

 The assessment is conducted most frequently at pre-trial. The court takes the results of the assessment into consideration in final sentencing.

 Assessments are conducted by the Behavioral Health Center, licensed by the Department of Health and Human Resources, a private agency subcontracted by the DMV, or the probation office.

 Any offender who participates in the ignition interlock program must complete a safety and treatment program.

 DUI offenders must successfully complete alcohol/drug education or alcohol/drug treatment in order to reinstate their driver’s licenses.

 People who refuse to submit to a chemical test must successfully complete an alcohol education or treatment program before their driver’s licenses can be reinstated.

 Offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.

 West Virginia has a dedicated detention and treatment facility that targets the hardcore drunk driver. Pinecrest Hospital is for felony DUI offenders with 3 or more DUI convictions. It is a prison hospital that provides alcohol treatment.

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a lawyer in your area that concentrates on DUI / DWI defense.