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 on September 24, 2026.
Brooke County, West Virginia, has about 21,000 residents (2024 Census Bureau estimate). A DUI arrest in Brooke 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: Brooke County public records, Brooke County arrest records, Brooke County warrants, Brooke County inmate search, Brooke 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 Brooke County
The Brooke County Sheriff's Office and the agencies that report for Follansbee, Wellsburg, Bethany, Beech Bottom and Windsor Heights make the DUI arrests in Brooke County.
The FBI's agency list also places these agencies in Brooke County: the State Fire Marshal in Brooke County and the Department of Natural Resources in Brooke County (state agency); the Wellsburg State Police (state police); the Wellsburg State Police makes the arrests on the state highways.
Together, the three agencies in Brooke County with all twelve months of 2023 on file reported 1,351 arrests to the FBI that year, all offenses together; the FBI's count for Brooke County does not break DUI out.
The Weirton Police Department is listed by the FBI across two counties including Brooke County, so its arrests are not broken out for Brooke County here.
Booking After a DUI Arrest in Brooke County
A driver arrested for DUI and kept in custody goes to the regional jail that serves Brooke 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 Brooke County is brought by the Prosecuting Attorney in the Magistrate Court.
The Prosecuting Attorney's page SearchSystems verified is at brookecountywv.gov, phone (304) 737-3660.
The court records page SearchSystems verified for the county is at brookecountywv.gov/government/county_clerk/document_inquiry_system.php, phone 304-737-3661.
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: Brooke County arrest records, Brooke County police reports and Brooke 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 Brooke County heard?
In the Magistrate Court, brought by the Prosecuting Attorney. The court records page SearchSystems verified for the county is at brookecountywv.gov.
Where is a person arrested for DUI in Brooke County held?
In the regional jail that serves Brooke 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 Brooke 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.