West Virginia Criminal Defense Laws

Perjury is the only felony with a statute of limitations in West Virginia, set at 3 years from the date of the offense.

Persons convicted of misdemeanor offenses may petition for expungement after 1 year from the date of conviction, completion of sentence, or release from supervision, whichever is latest. DUI convictions are excluded.

Persons convicted of nonviolent felony offenses may petition for expungement after 5 years from the date of last conviction, completion of sentence, or release from supervision, whichever is latest.

Driving with a BAC of 0.08% or higher is illegal. First offense (BAC 0.08-0.149%): up to 6 months jail and $100-$500 fine. Aggravated first offense (BAC 0.15%+): mandatory 48 hours minimum jail time and $200-$1,000 fine. First offense results in 6-month license revocation.

Felonies are crimes punishable by imprisonment in the state penitentiary for one year or more. Misdemeanors are punishable by up to one year in jail and/or fines.