Drivers Hardship License Law – General – West Virginia

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

Yes. A license may also be reissued to a DUI offender when the Department of Motor Vehicles approves a person to operate a motor vehicle equipped with a motor vehicle alcohol test and lock system under § 17C-5A-3a. Under § 17C-5A-3a, The commissioner is authorized to allow individuals in the test and lock program an additional device or devices if such is necessary for employment purposes. DUI offenders may have a license reissued under § 17C-5A-3 after successfully completing a treatment program.

Also, restricted licenses are allowed to be issued under §17B-2-10 for good cause or a person who has failed to pay overdue child support or comply with subpoenas or warrants relating to paternity or child support proceedings ordered a restricted license by the court. A person who has failed to pay overdue child support or comply with subpoenas or warrants relating to paternity or child support proceedings may avoid a license suspension upon a showing of hardship under §48-15-209

2. Do prior offenses prevent me from getting a license reissued?

An applicant for the test and lock program must not have been convicted of any violation of § 17B-4-3 for driving while the applicant’s driver’s license was suspended or revoked, within the two-year period preceding the date of application for admission to the test and lock program. § 17C-5A-3a.

3. What are the requirements for getting a license reissued?

A restricted license under §17B-2-10 may be issued for good cause shown. A person who has failed to pay overdue child support or comply with subpoenas or warrants relating to paternity or child support proceedings shall be issued a restricted license if a court orders restrictions of the person’s license. Under § 48-15-209, dealing with those who have failed to pay overdue child support or comply with subpoenas or warrants relating to paternity or child support proceedings, if the court finds that a license suspension will result in a significant hardship to the person, to the person’s legal dependents under eighteen years of age living in the person’s household, to the person’s employees, or to persons, businesses or entities to whom the person provides goods or services, the court may allow the person to pay a percentage of the past-due child support amount as an initial payment, and establish a payment schedule to satisfy the remainder of the arrearage within one year, and require that the person comply with any current child support obligation. If the person agrees to this arrangement, no suspension or restriction of any licenses shall be ordered.

Before the commissioner approves a person to operate a motor vehicle equipped with a motor vehicle alcohol test and lock system under § 17C-5A-3a, the person must agree to comply with the following conditions:

(A) If not already enrolled, the person will enroll in and complete the educational § 17C-5A-3(c) at the earliest time that placement in the educational program is available, unless good cause is demonstrated to the commissioner as to why placement should be postponed;
(B) The person will pay all costs of the educational program, any administrative costs and all costs assessed for any suspension hearing.

To be reissued a license under § 17-5A-3, a person must serve the applicable minimum suspension period, successfully complete the treatment program, and pay all costs associated with the revocation hearing, treatment program, and administration.

4. Does a lifetime or mandatory revocation make you ineligible for a reissued license?

No. When the period of revocation is for life, the license to operate a motor vehicle in this state shall not be reissued until:

(i) at least ten years have elapsed from the date of the initial revocation, during which time the revocation was actually in effect,
(ii) the offender has successfully completed the program,
(iii) all costs of the program and administration have been paid, and
(iv) all costs assessed as a result of a revocation hearing have been paid. §17C-5A-3.

5. Can minors receive a reissued license?

Yes, there are no exclusions for minors under the provisions of §17C-5A-3, §17C-5A-3a, or §17B-2-10.