DUI laws in West Virginia have changed considerably over the past several years and more changes are coming.
West Virginia DUI Laws – statute(s)
- Va. Code, § 17C-5-2.
West Virginia DUI Laws – standard
- It is illegal to drive in an “impaired state.” “‘Impaired State’” means a person: . . . [i]s under the influence of any controlled substance; [or] [i]s under the influence of any other drug or inhalant substance.” W. Va. Code, § 17C-5-2(a)(1).
- It is illegal for “a habitual user of narcotic drugs or amphetamine or any derivative thereof” to drive a vehicle. W. Va. Code, § 17C-5-2(g).
West Virginia DUI Laws – applicable substances
- Controlled substance or any other drug or inhalant substance.
West Virginia DUI Laws – affirmative defense
- “The fact that any person charged with a violation . . . of this section, . . . is or has been legally entitled to use . . . a controlled substance or a drug does not constitute a defense against any charge . . . .” W. Va. Code, § 17C-5-2(p).
West Virginia Per se – statute(s)
West Virginia Per se – standard
- N/A
West Virginia Per se – applicable substances
- N/A
West Virginia Per se – affirmative defense
- N/A
West Virginia Implied consent – applicable drivers
- Any person who drives a motor vehicle in West Virginia. W. Va. Code, § 17C-5-4(a).
West Virginia Implied consent – tests authorized
- Preliminary breath analysis and a secondary chemical test of either his or her blood or breath. W. Va. Code, § 17C-5-4(a).
West Virginia Implied consent – basis for test
- Test must be incident to a lawful arrest and LEO must have “probable cause to believe” the driver has committed a violation. W. Va. Code, § 17C-5-4(c).
West Virginia Implied consent – evidence of refusal
- The refusal to submit to a blood test may be admissible at the court’s discretion in a trial for the offense of driving while under the influence of a controlled substance or drug. W. Va. Code, § 17C-5-4(d).
Implied consent – administrative / civil penalty for refusal
- First refusal — driver’s license revoked for one year, or for 45 days with an additional year use of IID.
- Second refusal — driver’s license revoked for 10 years.
- Third or subsequent refusal — driver’s license revoked for life. W. Va. Code, § 17C-5-4(a).
