West Virginia Drugged Driving Laws

West Virginia Code Section 17C-5-2

An individual convicted of driving under the influence must participate in the State’s Alcohol Test and Lock Program (ATLP). Part of the ATLP is use of an ignition interlock device (IID). Within sixty (60) days of installing an IID through a state-approved service provider, individuals must enroll in the ATLP. An IID must be installed on all vehicles owned or operated by the offender.

An ignition interlock device must be installed for the following time periods:

(1) First time offender with a BAC between .08 and .15: at least one hundred and twenty five days.

(2) First offense for refusing a test: at least one year.

(3)First offense with a BAC < .15: at least two hundred and seventy days.

(4) First offense resulting in the death of another person: at least two years.

(5) First offense resulting in serious bodily harm to another person: at least one year.

(6) First offense with a minor in the vehicle: at least ten months.

Subsequent admin per se violation or DWI offense and second or subsequent refusal:The ignition interlock must be used for 2 years.

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration

Marijuana use in vehicle

• West Virginia does not allow the recreational or medicinal use of marijuana

Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws

West Virginia’s all-offender ignition interlock law went into effect in July 2008. As of August 2016, there were 3,986 interlocks installed in West Virginia.*

Source:  MADD