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.
Berkeley County, West Virginia, has about 136,000 residents (2024 Census Bureau estimate). A DUI arrest in Berkeley County 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: Berkeley County public records, Berkeley County arrest records, Berkeley County warrants, Berkeley County inmate search, Berkeley County 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 Berkeley County
The Berkeley County Sheriff's Office and the agency that reports for Martinsburg make the DUI arrests in Berkeley County.
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 Berkeley County
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
The Prosecuting Attorney files the charge, and the case is heard 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
The court case is only half the record. The Division of Motor Vehicles runs a separate administrative case over the license, which can suspend it before the criminal case is decided, and the West Virginia Division of Motor Vehicles keeps the driving record the conviction goes on.
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: Berkeley County arrest records, Berkeley County police reports and Berkeley County court records.
Frequently Asked Questions
What is the DUI limit in West Virginia?
0.08 percent blood alcohol.
Where is a DUI case from Berkeley County heard?
In the Magistrate Court, brought by the Prosecuting Attorney.
Where is a person arrested for DUI in Berkeley County 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 Berkeley County website?
No. SearchSystems.net is an independent public records guide, online since 1997. It links to the official county, court and state offices described above and does not hold records, charge for them or take requests.