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West VirginiaHB 47122026 Regular SessionHouse

Increasing the criminal penalties for DUI causing death to be known as “Baylea’s Law.”

Sponsored By: Josh Holstein (Republican)

Signed by Governor

§17C-5-2

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 0 benefits, 5 costs, 3 mixed.

Harsher penalties for DUI deaths and injuries

The law raises penalties when impaired driving kills or injures someone. If you act with deliberate disregard and a death occurs within one year, the sentence is 5–30 years, a $2,000–$10,000 fine, and lifetime loss of your license. If a death occurs without deliberate disregard, the penalty is 3–15 years, a $1,000–$3,000 fine, and a 10‑year revocation or a test‑and‑lock option. Serious injury brings 2–10 years, a $1,000–$3,000 fine, and a 5‑year revocation or test‑and‑lock. Bodily injury brings 1 day–1 year, a $200–$1,000 fine, and a 2‑year revocation or test‑and‑lock. Prior convictions can lead to lifetime revocation.

Repeat DUI: tougher punishments and charging

A second DUI conviction brings 6 months to 1 year in jail, a $1,000–$3,000 fine, and a 10‑year license revocation or test‑and‑lock. A third or later conviction is a felony with 2–5 years in prison, a $3,000–$5,000 fine, and lifetime license revocation or test‑and‑lock. Prosecutors can charge a second or later offense even if an earlier case is still pending. A conviction on the later charge cannot be entered until the earlier conviction is final or conditional probation was imposed.

Stronger DUI penalties, including with kids

Driving while impaired is a misdemeanor. For impairment or BAC under 0.15, you face up to 6 months in jail, a $100–$500 fine, and a 6‑month license revocation or test‑and‑lock. For BAC 0.15 or higher, you face 2–6 months in jail (at least 24 hours served), a $200–$1,000 fine, and a 1‑year revocation or test‑and‑lock. If a child under 16 is in the car, you face 2–12 months (at least 48 hours served), a $200–$1,000 fine, and a 1‑year revocation or test‑and‑lock. Credit for time served can apply.

Mandatory DUI sentences and limited alternatives

Sentences under this law are mandatory and usually cannot be suspended. For a first offense with a year or less, the court can use diversion or conditional probation. Home detention can substitute for jail. Electronic monitoring is required for at least five days on a second offense and ten days on a third or later offense, with no leaving home during those days.

Under‑21 DUI penalties and program

For drivers under 21 with BAC 0.02–0.079, a first offense brings a $25–$100 fine and a 60‑day suspension or test‑and‑lock. The court can continue the case so the driver joins test‑and‑lock; if completed, the court dismisses and expunges the charge. A second or later offense brings 24 hours in jail, a $100–$500 fine, and license loss for one year or until age 21, or test‑and‑lock. Under‑21 drivers with the listed prior convictions must get at least a one‑year suspension or revocation, with no shorter period allowed.

Legal drug use is no DUI defense

Being legally allowed to use alcohol or prescribed drugs is not a defense to these DUI charges. The law makes clear that legal entitlement to use a substance does not excuse impaired driving.

Penalties for drug‑impaired drivers and owners

A habitual user of narcotics or amphetamines who drives commits a misdemeanor. The penalty is 1 day–6 months in jail (at least 24 hours served), a $100–$500 fine, and a 6‑month revocation. If you knowingly let an impaired person drive your vehicle, you face up to 6 months in jail, a $100–$500 fine, and a 6‑month revocation or test‑and‑lock. The same penalties apply if you knowingly let a habitual narcotic or amphetamine user drive your vehicle.

License reinstatement: safety program and consent

Before the DMV restores your license after a DUI revocation or suspension under this law, you must finish the state’s safety and treatment program. Courts must immediately send conviction or conditional‑probation orders to the DMV so the agency can act quickly. If a test‑and‑lock option is allowed, the court cannot impose it without your consent.

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Sponsors & Cosponsors

Sponsor

  • Josh Holstein

    Republican • House

Cosponsors

  • James Robert "JB" Akers II

    Republican • House

  • Jarred Cannon

    Republican • House

  • Geno Chiarelli

    Republican • House

  • Roger Hanshaw

    Republican • House

  • Scot C. Heckert

    Republican • House

  • Tresa Howell

    Republican • House

  • Joe Parsons

    Republican • House

  • Adam Vance

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 221 • No: 0

House vote • 3/14/2026

House concurred in Senate amendment and passed bill (Roll No. 678)

Yes: 92 • No: 0

Senate vote • 3/13/2026

Passed Senate with amended title (Roll No. 547)

Yes: 34 • No: 0

House vote • 2/19/2026

Passed House (Roll No. 129)

Yes: 95 • No: 0

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026House

  2. To Governor 3/25/2026

    3/25/2026House

  3. House received Senate message

    3/14/2026House

  4. House concurred in Senate amendment and passed bill (Roll No. 678)

    3/14/2026House

  5. Communicated to Senate

    3/14/2026House

  6. Completed legislative action

    3/14/2026House

  7. House Message received

    3/14/2026Senate

  8. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  9. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  10. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  11. On 3rd reading

    3/13/2026Senate

  12. Read 3rd time

    3/13/2026Senate

  13. Passed Senate with amended title (Roll No. 547)

    3/13/2026Senate

  14. Senate requests House to concur

    3/13/2026Senate

  15. On 2nd reading

    3/12/2026Senate

  16. Read 2nd time

    3/12/2026Senate

  17. Committee amendment adopted (Voice vote)

    3/12/2026Senate

  18. Reported do pass, with amendment and title amendment

    3/11/2026Senate

  19. Immediate consideration

    3/11/2026Senate

  20. Read 1st time

    3/11/2026Senate

  21. Introduced in Senate

    2/23/2026Senate

  22. To Judiciary

    2/23/2026Senate

  23. To Judiciary

    2/23/2026Senate

  24. On 3rd reading, Special Calendar

    2/19/2026House

  25. Read 3rd time

    2/19/2026House

Bill Text

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