Any person who knowingly purchases, gives or gives alcohol from any source to persons under twenty-one years of age with whom he is not related by blood or married is guilty of a misdemeanor and shall be liable to a fine of not more than $250 if convicted or imprisoned for a period not exceeding ten days. or both fines and imprisonment. In West Virginia, a licensed liquor establishment that sells alcohol to a person under the age of 21 or to an intoxicated person may be held liable for injuries caused by common law negligence intoxication. West Virginia police use breathalyzer tests and field sobriety tests to determine if a driver has recently been drinking. West Virginia law sets the following blood alcohol concentration limits (BACs), which are measured by a breathalyzer test: A person who commits a DUI that inflicts bodily harm on another person may one day be jailed for one year and liable to a fine of $200 to $1,000. The waiting time for a driver`s licence is two years. The West Virginia State Bar is the official regulator of the practice of law in West Virginia. The website provides extensive information and resources for the public and lawyers regarding legal practice in the state. Whether you`re driving between cars in traffic or cutting off a police officer, reckless driving is enough for the West Virginia Police Department to stop you and test your sobriety. Keep in mind that in most cases, it is in your best interest to undergo a breathalyzer test. If you have been charged with impaired driving under West Virginia laws for drunk driving, be prepared for the consequences by reading the information below. Many people think that if they are arrested for drunk driving, their best bet is to refuse a breathalyzer test.

While you have the right to refuse a breathalyzer test, be aware that West Virginia follows the implied consent rule. As with drunk driving convictions, refusal to take a breathalyzer test is punishable under a tiered system. Often it is better to undergo the breathalyzer test and later contest the results. The Attorney General`s Office provides legal advice to represent DMV in administrative licensing hearings against the driver accused of violating WV`s drink-driving laws. Alternatively, depending on the circumstances of the accident that resulted in the death of another person, the driver could be charged with a misdemeanor instead of a crime. A conviction under this charge is punishable by imprisonment for a minimum of 90 days and not more than one year and a fine of $500 to $1,000. For this violation, the potential suspension of the administrative licence is five years or 6 months, followed by 2 years of mandatory participation in the ignition interlock program. Need more information about state laws? Learn more about the laws you live in.

A person who commits impaired driving that causes or contributes to the death of another person within one year after the date of the offence is liable to imprisonment for 90 days to one year and a fine of $500 to $1,000. The waiting period for a driver`s licence is five years. However, if it is proven that the offender drove while intoxicated out of recklessness for the safety of others, he or she could be sentenced to one to 10 years in jail and a fine of $1,000 to $3,000. The waiting period for the driver`s licence is 10 years. Like many other states, West Virginia uses a points system that increases punishment for repeat offenders. Here are the possible penalties you`ll face if you`re an intoxicated violator: West Virginia`s drunk driving laws have changed significantly in recent years, and more changes are coming. This list provides basic information about DUI laws in West Virginia, but is not an exhaustive list. For specific questions, it is important that drivers contact a qualified West Virginia DUI advocate who can answer their specific questions. While this list is updated regularly, please understand that it may not include a list of the latest changes to the state`s drunk driving laws.

In addition to other penalties that may apply under West Virginia`s drunk driving laws, a commercial driver who commits a first DUI while operating a vehicle will be prohibited from operating a commercial vehicle for one year. However, if the driver was driving a commercial vehicle and transporting dangerous goods at that time, the limitation period is three years. A commercial driver who commits a second drunk driving while driving a vehicle will be prohibited from operating a commercial vehicle for life, which may or may not be reduced to a period of at least 10 years. A person under the age of 21 who drives with a blood alcohol concentration of 0.02 but less than 0.08 must pay a fine of $25 to $100 for the first offence. The driver`s licence freeze period is 60 days. A minor driver who commits a second or subsequent offence faces 24 hours in jail time and a fine of $100 to $500. The period for withdrawing a driver`s licence is one year or until the person`s 21st birthday, whichever is longer. Repeat offenders must participate in the program. The minimum period for withdrawal of a driving licence is one year and the minimum period for use of the ignition interlock device is two years, except that a minor repeat offender who has driven with a blood alcohol level of 0.02 but less than 0.08 is subject to a minimum waiting period for the driving licence of two months and a minimum period of use of the ignition interlock device for one year. For each subsequent conviction or revocation of the offender within the last 10 years, the minimum useful life of the ignition lock is extended by one year.

Anyone required to participate in the program must install an ignition lock on each vehicle they own or use. The Bureau of Administrative Hearings conducts and evaluates hearings to suspend the administrative license in West Virginia. If a person knowingly allows an intoxicated person to operate their vehicle, that person is liable to imprisonment for up to six months and a fine of $100 to $500. The person`s driver`s licence will also be revoked for six months. Any licensee or agent of such an offense shall be guilty of a misdemeanor and, if convicted, shall be punished for each offense with a fine of not less than one hundred or more than five thousand dollars, or imprisoned in the county jail for not less than thirty days and not more than one year, or shall be punished with both a fine and imprisonment. First-time offenders are eligible for the West Virginia Screening and Interdiction Program. Depending on the circumstances of the drunk driving, after a certain period of time, the offender may apply for a licence that allows them to drive with an ignition lock. For example, a person whose driver`s licence has been revoked for six months for initial impaired driving is eligible for the 15-day test and suspension program. If the offender is accepted into the program, he or she must use a contact lock for 125 days.

This website provides resources, information, and useful links to all courts in the State of West Virginia. West Virginia now offers an alternative to this charge, as it does in several surrounding states. For an arrest for this first offence on or after June 11, 2010, drivers are eligible for parole and release from impaired driving. To be eligible for the Deferral of Impaired Driving program, the driver must be charged with a true first offence of impaired driving, have a blood alcohol concentration below 0.15%, not have a commercial driver`s licence (CDL) at the time of arrest, and not operate a commercial vehicle.