License Suspension and Revocation in West Virginia

1. How long is a driver’s license typically suspended for failing to appear in court in West Virginia?


In West Virginia, a driver’s license is typically suspended for 30 days for failing to appear in court.

2. What is the legal blood alcohol concentration limit for a driver’s license suspension in West Virginia?


The legal blood alcohol concentration limit for a driver’s license suspension in West Virginia is 0.08%.

3. What happens if a driver fails to pay a traffic ticket in West Virginia?


If a driver fails to pay a traffic ticket in West Virginia, they will be subject to a late fee and possible license suspension. In addition, a warrant may be issued for the driver’s arrest.

4. What are the common causes of license suspension in West Virginia?


Common causes of license suspension in West Virginia include:

1. Failure to appear in court or pay a court-ordered fine.
2. Failure to pay child support.
3. Driving without insurance.
4. Having too many points on your driving record due to traffic violations.
5. Driving under the influence of alcohol or drugs.
6. Reckless driving or racing on the highway.
7. Fleeing the scene of an accident.
8. Habitual traffic offender status.

5. Are there any probationary periods after license suspension in West Virginia?


Yes, after a license suspension in West Virginia, there is usually a probationary period. The length of the probationary period depends on the severity of the offense and can range from six months to two years. During the probationary period, the driver must follow all the conditions of their probation or risk having their license suspended again.

6. What are the penalties for driving with a suspended license in West Virginia?


In West Virginia, driving with a suspended or revoked license is considered a misdemeanor and can result in penalties such as fines of up to $500, jail time of up to 6 months, license suspension for 1 year, and an additional 12 points on your driver’s license.

7. Does West Virginia have an implied consent law regarding license suspension?


Yes, West Virginia does have an implied consent law regarding license suspension. According to the West Virginia Code, any person operating a motor vehicle on the public highways of West Virginia is deemed to have given consent to one or more tests of his or her blood, breath, urine, or other bodily substance for the purpose of determining the alcohol or drug content of his or her blood when requested to do so by a law enforcement officer who has reasonable grounds to believe the person was driving while under the influence of alcohol and/or drugs. Refusal to submit to such a test will result in an automatic suspension of the driver’s license for a period of six months.

8. What are the reinstatement requirements for a suspended license in West Virginia?


In West Virginia, the requirements for reinstating a suspended license may vary depending on the reason for suspension. Generally, the applicant must pay any fines or fees associated with the suspension, and then submit the necessary documentation to a local DMV office. Depending on the reason for suspension, additional requirements may be necessary, such as attending a driving safety course or providing proof of insurance.

9. How can a driver contest a license suspension or revocation in West Virginia?


A driver can contest a license suspension or revocation in West Virginia by filing a petition for judicial review with the circuit court. The driver must submit the petition within 30 days of receiving the suspension or revocation order from the Division of Motor Vehicles. The court will then review the case and make a decision on whether or not to uphold the suspension or revocation order.

10. Is there an administrative hearing for a suspended license in West Virginia?


Yes, drivers in West Virginia have the right to request an administrative hearing with the West Virginia Division of Motor Vehicles if they have had their driver’s license suspended. This hearing is an in-person meeting with a DMV representative and allows the driver to present evidence and explain why their driver’s license should not be suspended.

11. How long does it take to get a license reinstated after a suspension in West Virginia?


The length of time it takes to reinstate a driver’s license after a suspension in West Virginia depends on the type of suspension. Generally, you must wait until all requirements, such as paying fines or completing a traffic school course, have been met before your license can be reinstated. You may also be required to pass a written and/or driving test. Additionally, you may need to pay a reinstatement fee. In some cases, the reinstatement process can take up to several weeks.

12. Are there any exceptions to mandatory license suspension or revocation laws in West Virginia?


Yes, there are several exceptions to mandatory license suspension or revocation laws in West Virginia. These exceptions include:

1. Hardship License: A person may be eligible to apply for a special license if their license has been suspended or revoked due to a DUI offense, an accumulation of 12 or more points for traffic violations, or another type of offense. This license typically allows them to drive to and from work, school, church, and medical appointments.

2. Ignition Interlock Device: A person may be eligible to have an ignition interlock device (IID) installed on their vehicle if their license has been suspended or revoked due to a DUI offense. This device requires the driver to blow into a breathalyzer before the vehicle will start.

3. Probationary License: A person may be eligible to apply for a probationary license if their license has been suspended or revoked due to an accumulation of 12 or more points for traffic violations. This license allows them to drive only during certain hours and only when accompanied by a licensed driver 21 years of age or older.

13. What is the process for suspending or revoking a driver’s license in West Virginia?


The process for suspending or revoking a driver’s license in West Virginia is outlined in the West Virginia Driver’s License Compact. The compact outlines the types of offenses that result in license suspension or revocation and the procedures for suspension or revocation. A driver’s license may be suspended or revoked if the driver accumulates eight or more points on their driving record within two years, is convicted of certain serious traffic violations, is convicted of driving under the influence of alcohol or drugs, fails to pay court fees and fines, fails to appear for court proceedings, is found guilty of an act of fraud or dishonesty related to a driver’s license or motor vehicle, or fails to maintain automobile liability insurance. The compact also outlines how a suspended or revoked license can be reinstated.

14. Is it possible to obtain a restricted license after a suspension or revocation in West Virginia?


Yes, it is possible to obtain a restricted license after a suspension or revocation in West Virginia. The requirements vary depending on the reason for the suspension or revocation.

15. How are driving records affected by suspensions or revocations in West Virginia?


When a person’s driving privileges are suspended or revoked in West Virginia, the state will add a record of the action to their driving record. This record will remain on the person’s driving record for at least three years, and sometimes longer if the underlying violation remains unresolved. A person’s driving record can be accessed through the West Virginia Division of Motor Vehicles (DMV). The DMV may also restrict a person’s license privileges if they have a history of suspensions or revocations, and could require them to obtain additional insurance coverage.

16. Are there any penalties for failing to surrender a driver’s license after suspension or revocation in West Virginia?


Yes. Driving on a suspended or revoked license can result in a fine of up to $500 and/or imprisonment for up to six months.

17. Is there any financial assistance available for reinstating a revoked or suspended license in West Virginia?


Yes, The West Virginia Division of Motor Vehicles offers a Driver Rehabilitation Program to individuals who have had their driver’s licenses suspended or revoked. This program is designed to help individuals regain their driving privileges after they have successfully completed the program requirements. Applicants must be at least 18 years of age and must successfully complete a driver education course approved by the West Virginia Division of Motor Vehicles. The cost of the program is $40 and financial assistance may be available for those who cannot afford the cost.

18. How does West Virginia enforce its laws regarding suspended or revoked licenses?


West Virginia enforces its laws regarding suspended or revoked licenses by suspending the person’s driving privileges for a period of time, and in some cases, revoking the license altogether. Driving with a suspended or revoked license can result in fines, jail time, and additional suspensions. The West Virginia State Police also has the authority to impound and/or confiscate the vehicle of any individual found to be operating a vehicle with a suspended or revoked license.

19. Do points get added to driving records after suspensions or revocations in West Virginia?


Yes, points can be added to driving records after suspensions or revocations in West Virginia. Typically, a person who has had their license suspended or revoked will have to attend traffic school, where they can earn points that will be added to their record.

20. What are the consequences of having multiple offenses of revoked or suspended licenses in West Virginia?


In West Virginia, the consequences for multiple offenses of revoked or suspended licenses vary depending on the severity of the offenses committed. Generally, offenders can face fines, jail time, additional license suspensions, and/or can have their vehicles seized. Furthermore, if the offense is severe enough, the offender could face felony charges.