Consequences Of An Out-Of-State DWI / DUI Conviction

If you were charged in the same state you are licensed in, please click here to view your state’s consequences. If you were charged in a different state than the state you are licensed in, please see below.

Use the drop-down menu below to review the drunk driving penalties for an out-of-state conviction from both the state you were charged in and your home state.

NOTE: This information is not intended to be relied upon as legal advice. If you are aware of any additions or deletions required to the information below, please email any corrections to evanlevow@dwi-nj.com. Copyright © 2013-2015 by Evan M. Levow. All rights reserved. This tool or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the publisher. For permission requests, write to the email above.

The penalties for a DWI / DUI conviction in West Virginia are:

When WV reports the conviction to Maryland, Maryland will do the following:

You should consult with Maryland counsel for the exact effects of the conviction.

West Virginia

1st Offense and BAC 0.08 ‐ < 0.15

  • Guilty of a misdemeanor
  • minimum suspension is 90 days and thereafter until completion of a Safety & Treatment course
  • can opt for interlock after a 15 day suspension; interlock installed for 120 days
  • driving privileges will not be restored until completion of a Safety & Treatment course and payment of reinstatement fee to the DMV
  • Maximum 6 months in jail
  • Between $100 and $500 fine
  • Person shall receive credit for any period of actual confinement he or she served upon arrest

1st Offense and BAC 0.15 or greater

  • Guilty of a misdemeanor
  • 45 day license revocation
  • 270 day participation in Motor Vehicle Alcohol Test and Lock Program (interlock)
  • driving privileges will not be restored until completion of a Safety & Treatment course and payment of reinstatement fee to the DMV
  • If person proves by clear and convincing evidence that they do not own a motor vehicle or is otherwise incapable of participating in the Motor Vehicle Alcohol Test and Lock Program, including out of state residents, then 180 day license revocation
  • Between 2 days and 6 months in jail; actual confinement must not be less than 24 hours
  • Between $200 and $1,000 fine
  • Person shall receive credit for any period of actual confinement he or she served upon arrest

2nd Offense in 10 years

  • Guilty of a misdemeanor
  • One year suspension followed by two years mandatory interlock
  • 10 year license revocation if you are unable to complete ignition interlock reduced to 5 years upon completion of a Safety Treatment course
  • driving privileges will not be restored until completion of a Safety & Treatment course and payment of reinstatement fee to the DMV
  • Between 6 month and 1 year in jail
  • Court may impose a fine between $1,000 and $3,000

3rd or Subsequent Offense in 10 years

  • Guilty of a felony
  • One year suspension followed by three years mandatory interlock
  • Lifetime license revocation if you are unable to complete ignition interlock reduced to 10 years upon completion of a Safety Treatment course
  • driving privileges will not be restored until completion of a Safety & Treatment course and payment of reinstatement fee to the DMV
  • Between 1 and 3 year imprisonment
  • Court may impose a fine between $3,000 and $5,000

WV ST § 17C‐5‐2. Driving under influence of alcohol, controlled substances or drugs; penalties

WV ST § 17C‐5A‐2. Hearing; revocation; review

W. Va. Code, § 17C‐5A‐3a. Establishment of and participation in the Motor Vehicle Alcohol Test and Lock Program

Maryland

If you are convicted of DUI/DWI in another state, there is potential revocation by Maryland, subject to modification if a hearing is requested for interlock, work, education, or medical restricted driving.

Maryland will not take action if you refuse the breathalyzer in another state.

When a Maryland resident is convicted of a DUI in another state, and requests a hearing to avoid a potential revocation, an Administrative Law Judge (ALJ) has discretion to impose any sanction ranging from revocation down to a reprimand or warning.  However, if the ALJ imposes a sanction, allowing restricted driving privileges such as a for work, education, an alcohol restriction, or an interlock restriction, and the driver needs to have the MVA issue a new driver's license, THE MVA WILL NOT ISSUE A LICENSE TO A PERSON WHILE THE PERSON'S DRIVING PRIVILEGES ARE SUSPENDED OR REVOKED IN ANOTHER JURISDICTION.  Thus it is important to try to schedule the hearing after any suspensions or revocations imposed in the state where the DUI occurred have ended.

Hardship License
Maryland allows hardship licenses immediately for out‐of‐state convictions; no hard suspension required.

Monetary Assessments
No separate monetary assessments.

Insurance Issues
Insurance companies set their own rates and policies.

Other

All offenders are expected to get an assessment and attend an appropriate level of alcohol education and/or treatment.

  • Ranges from 12 hour education class to 26 week outpatient treatment programs, 48 hour interventions for 2nd Offenders, 28 day or longer in‐patient treatment program for 3rd or subsequent offenders.

Upon notice of conviction under the compact, Maryland shall treat the Dui as if it had occurred in the home state.

MD Trans § 16‐703. Driver License Compact