West VirginiaWest Virginia sets prison and license penalties for fatal impaired driving
West Virginia law sets prison terms, fines, and license penalties for impaired drivers who cause a death, with harsher penalties when they deliberately disregard safety.
What it does
A driver who is impaired, deliberately disregards others’ safety, and causes a death faces five to 30 years in prison, a fine of $2,000 to $10,000, and lifelong license loss.
A driver who is impaired and causes a death faces three to 15 years in prison, a fine of $1,000 to $3,000, and license loss for 10 years or a period tied to a test and lock program.
Argument forLifelong license loss could keep drivers convicted of deliberately causing a death while impaired from driving again.
Argument againstThe mandatory prison term and lifelong license loss could leave judges little room to account for a person’s individual circumstances.
More detail
A driver who is impaired, deliberately disregards others’ safety, and causes a death commits a felony. This applies when someone drives in West Virginia while impaired and causes another person’s death, including the death of an embryo or fetus. The impaired driving and deliberate disregard must proximately cause the death. The sentence is mandatory and cannot be suspended or served at home. The death must occur within one year of the offense. The law took effect June 12, 2026.
A driver who is impaired and causes a death commits a felony. This applies when someone drives in West Virginia while impaired and causes another person’s death, including the death of an embryo or fetus. The impaired driving must proximately cause the death. For a person previously convicted under this section, the license is revoked for life or for a period conditioned on participation in the test and lock program. The death must occur within one year of the offense. The law took effect June 12, 2026.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 103, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 25To Governor 3/25/2026To Governor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/25/2026 - Senate JournalMinor
- Mar 14House Message received
- Mar 14Completed legislative action
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amendment and passed bill (Roll No. 678)
- Mar 14House received Senate message
- Mar 13Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 13Passed Senate with amended title (Roll No. 547)Passed Senate
- Mar 13Read 3rd timeMinor
- Mar 13On 3rd reading
- Mar 12Committee amendment adopted (Voice vote)
- Mar 12Read 2nd timeMinor
- Mar 12On 2nd reading
- Mar 11Read 1st timeMinor
- Mar 11Immediate consideration
- Mar 11Reported do pass, with amendment and title amendmentMinor
- Feb 23To JudiciaryMinor
- Feb 23To JudiciaryMinor
- Feb 23Introduced in SenateMinor
- Feb 19Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Feb 19Passed House (Roll No. 129)Passed House
- Feb 19Read 3rd timeMinor
- Feb 19On 3rd reading, Special Calendar
- Feb 18Read 2nd timeMinor
- Feb 18On 2nd reading, Special Calendar
- Feb 17Read 1st timeMinor
- Feb 17Immediate consideration
- Feb 17Reference dispensed
- Feb 17By substitute, do pass
- Feb 13Markup Discussion
- Feb 11To House JudiciaryMinor
- Feb 10Markup Discussion
- Feb 10To House CourtsMinor
- Jan 21To House JudiciaryMinor
- Jan 21Introduced in HouseMinor
- Jan 21To JudiciaryMinor
- Jan 21Filed for introductionIntroduced
Criminal JusticePublic Safety