Can an Old WV DUI Count Against You?

A DUI “washout” or “lookback” period describes how long a previous DUI conviction can come back to haunt you, or how long it can stay on your criminal record. For example, depending upon where your drunk driving conviction occurs, the legal system has the right to look at your previous DUI convictions for five years, ten years, or longer when deciding how to punish your current WV DUI offense. A few states don’t have washout periods and will consider all DUIs, no matter how long it has been since the last one occurred.

The WV DUI washout period is 10 years.

If you are convicted of drunk driving, your WV DUI conviction information will essentially fall off your driving record in a decade.  So, if you are convicted of a WV DUI in 2003 and had another unfortunate drunk driving incident recently, that 2003 DUI will not be taken into consideration during your legal battle. Although a person may have been convicted of several DUIs in the past, once the washout period passes, future DUIs can be treated as first offenses.

A first-offense WV DUI means you’ll be required to enroll in the state’s Alcohol Test and Lock Program (ATLP) and will have an ignition interlock requirement as a result of the program. In some cases, you could be eligible for the WV DUI deferral program, too.

Avoiding problems with multiple WV DUIs has one very easy solution: don’t try to drink and drive. If you know you’ll be going out for a night of drinking, have a plan in place to get home safely before you head out. Enlist a designated driver or have a number of a rideshare service handy. Nobody wants to be the cause of a drunk driving accident, injury or death, and nobody really wants an ignition interlock requirement or to end up in jail as a result.