Reviewed and updated October 9, 2026 by the SearchSystems.net editorial team. The arrest counts are the ones each agency reported to the FBI, as the FBI held them on October 8, 2026. Every office link was opened and checked against the office's own site between September 24, 2026 and October 2, 2026.
Martinsburg, West Virginia, in Berkeley County, has about 19,000 residents (2024 Census Bureau estimate). A DUI arrest in Martinsburg starts two cases, a criminal case in the Magistrate Court and a license case before the Division of Motor Vehicles, and leaves three records. This guide follows the arrest from the roadside to the court file and the driving record.
This guide covers the law, the arrest, booking, the court case, the license case, the records and common questions.
Related guides: Martinsburg public records, Berkeley County DUI, Martinsburg arrest records, Martinsburg warrants, Martinsburg inmate search, Martinsburg criminal records, West Virginia arrest records and West Virginia inmate search.
The DUI Law in West Virginia
In West Virginia the offense is DUI, and the limit is 0.08.
Driving in West Virginia is consent to a breath or blood test when an officer has cause to suspect DUI; the license case that follows a refusal or a failed test is run by the Division of Motor Vehicles, separately from the criminal case.
For charging and sentencing, West Virginia counts prior offenses within 10 years.
Who Makes DUI Arrests in Martinsburg
The Berkeley County Sheriff's Office and the agency that reports for Martinsburg (filed by the FBI as Martinsburg Police Department) make the DUI arrests in and around Martinsburg.
The FBI's agency list also places two state agencies, one other agency and one state police unit in Berkeley County (the arrest records guide names each one); the Martinsburg State Police makes the arrests on the state highways.
The Berkeley County Sheriff's Office reported 782 arrests to the FBI for 2025, all offenses together; the FBI's count for Berkeley County does not break DUI out.
Booking After a DUI Arrest in Martinsburg
A driver arrested for DUI and kept in custody goes to the regional jail that serves Berkeley County, run by the West Virginia Division of Corrections and Rehabilitation; the state's inmate search is at dcr.wv.gov/offendersearch/Pages/default.aspx.
The Court Case
A DUI charge from Martinsburg is brought by the Prosecuting Attorney in the Magistrate Court.
The Prosecuting Attorney's page SearchSystems verified is at berkeleywv.org/164/Prosecuting-Attorney, phone 304-264-1971.
The court records page SearchSystems verified for the county is at courtswv.gov/public-resources/court-information-county/berkeley, phone 304-264-1957.
West Virginia has no single public index of every trial court case; each court's records are looked up through that court.
The License Case
A DUI arrest starts two cases: the criminal one above and an administrative one over the license, run by the Division of Motor Vehicles. The driving record, kept by the West Virginia Division of Motor Vehicles, carries the result of both.
The Records a DUI Leaves
- The arrest report: from the agency that made the arrest, under the West Virginia Freedom of Information Act.
- The court file: from the Magistrate Court, kept by the Circuit Clerk.
- The driving record: from the West Virginia Division of Motor Vehicles.
More on each: Martinsburg arrest records, Martinsburg police reports and Martinsburg court records.
Frequently Asked Questions
What is the DUI limit in West Virginia?
0.08 percent blood alcohol.
Where is a DUI case from Martinsburg heard?
In the Magistrate Court, brought by the Prosecuting Attorney.
Where is a person arrested for DUI in Martinsburg held?
In the regional jail that serves Berkeley County, run by the West Virginia Division of Corrections and Rehabilitation.
Who handles the license after a DUI arrest in West Virginia?
The Division of Motor Vehicles, in an administrative case separate from the court case.
How long does a DUI count as a prior in West Virginia?
10 years.
Is this the official Martinsburg website?
No. SearchSystems.net is an independent public records guide, online since 1997. It links to the official city, county, court and state offices described above and does not hold records, charge for them or take requests.