West Virginia DUI / DWI Laws Explained

The state of West Virginia refers to drunk driving charges using the acronyms DUI and DWI. Below are brief descriptions of the various types and classifications of WV impaired driving.

A driver who is under the influence of alcohol or another intoxicating drug, or both, or else has a BAC of at least 0.08 is considered to be under the influence in West Virginia. If a driver who is under the influence drives recklessly and causes the death of some other person, the driver is guilty of a felony. If the driver did not drive recklessly but still caused the death of another person by being under the influence, the driver is guilty of a misdemeanor.

WV Driving Under the Influence, resulting in injury:

A driver who is under the influence of alcohol or another intoxicating drug, or both, or else has a BAC of at least 0.08 is considered to be under the influence in West Virginia. If a driver who is under the influence caused injury to another person by being under the influence, the driver is guilty of a misdemeanor.

WV Driving Under the Influence:

A driver who is under the influence of alcohol or another intoxicating drug, or both, or else has a BAC of at least 0.08 is considered to be under the influence in West Virginia, and is guilty of a misdemeanor.

WV Driving by habitual users:

It is a misdemeanor in West Virginia for anyone who is a habitual user of illegal drugs to drive a vehicle. The West Virginia Code does not define the term "habitual user" but it generally means someone who uses an impairing substance more frequently than the average person and is intoxicated more often than not but not necessarily constantly or on a daily basis.

WV Permitting an intoxicated driver to operate a vehicle:

It is a misdemeanor for a person to allow his or her vehicle to be used by someone known to be under the influence of alcohol, another intoxicating drug, or both.

WV Permitting a habitual user to operate a vehicle:

It is a misdemeanor for a person to allow his or her vehicle to be used by someone known to be a habitual user of illegal drugs.

WV Underage driving under the influence:

If a driver under 21 has a BAC of at least 0.02, he or she is guilty of a misdemeanor.

Driving under the influence with a minor:

If a driver commits a DUI with a child under 16 in the vehicle, the driver is guilty of a misdemeanor as well as the DUI itself