Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-5-5 - Agency Action Upon Receiving Notice of Driving While License is Suspended or Revoked5.1. Pursuant to W. Va. Code § 17B-4-3(c), the Division shall, upon receipt of a second or subsequent conviction for a violation within the last five years for driving while suspended under the provisions of W. Va. Code § 17B-4-3(a) or similar municipal ordinance, shall suspend the licensee's license or privilege to operate a motor vehicle for a period of ninety days. This period of suspension shall begin ten (10) days from entry of the conviction on the records of the Division. The determination that the conviction is the second or subsequent conviction shall be based on the records of the Division. In accordance with § 17E-1-7, any conviction for driving a commercial motor vehicle (CMV) without a valid commercial driver's license (CDL) requires a sixty (60) day suspension of the driving privilege.5.2. Pursuant to W. Va. Code § 17B-4-3(c), the Division shall, upon receipt of a conviction for driving while his or her license is revoked for a driving under the influence related offense under the provisions of W. Va. Code § 17B-4-3(b) or similar municipal ordinance, shall suspend the licensee's license or privilege to operate a motor vehicle for a period of six months. This period of suspension shall begin ten (10) days from entry of the conviction on the records of the Division. The determination that the conviction is for driving while the licensee's privilege to operate a motor vehicle while revoked for a driving under the influence related offense shall be based on the records of the Division.