West Virginia

Implied Consent Laws

Drugs

17C-5-4 - Learn More
Any person who drives a motor vehicle in this state is considered to have given his or her consent by the operation of the motor vehicle to a preliminary breath analysis and a secondary chemical test of either his or her blood or breath to determine the alcohol concentration in his or her blood, or the concentration in the person's body of a controlled substance, drug, or any combination thereof.

Blood

Yes

Urine

No

Oral Fluids

No

Other

Yes
Breath

DUI Statutes

Drugs

17C-5-2 Learn More
(a) Any person who:
(1) Drives a vehicle in this state while he or she:
(A) Is under the influence of alcohol;
(B) Is under the influence of any controlled substance;
(C) Is under the influence of any other drug;
(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or
(E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight; and

Combined/Multiple Substance

17C-5-2 Learn More
(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

17C-5-4 - Learn More
(1) That the person's refusal to submit to the secondary chemical test, designated pursuant to subsection (d) of this section, will result in the revocation of his or her license to operate a motor vehicle for a period of at least 45 days and up to life

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

No

Length/Time of Restriction

N/A

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

17C-5A-3a - Learn More
 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.

Other Drugs

Yes

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

None

Cannabis Per Se Statute

Yes

Threshold

NA

Nanogram Limit

3 ng/ml

DUI Standards

Operators with detectable levels of THC in the blood above 3 ng/ml are in violation of DUI law. This per se standard applies to patients registered in the state's medical program and non-patients.

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

17C-5-2 - Learn More
First offense misdemeanor with imprisonment for up to 6 months and fine of not less than $100 nor more than $5,000. 90 days mandatory license revocation up to 6 months.
Second offense within 10 years is a misdemeanor with imprisonment of not less than 6 months nor more than 1 year. Fine of not less than $1,000 or more than $3,000; 5 years mandatory with provisions up to 10 years license revocation.
Third and subsequent offense within 10 years is a felony with imprisonment of not less than 1 year nor more than 3 years. Fine of not less than $3,000 or more than $5,000. 10 years mandatory license revocation with provision for a lifetime revocation.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

17C-5-2 - Learn More
(D) Is under the combined influence of alcohol and any controlled substance or any other drug; or

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense misdemeanor with imprisonment for up to 6 months and fine of not less than $100 nor more than $5,000. 90 days mandatory license revocation up to 6 months.
Second offense within 10 years is a misdemeanor with imprisonment of not less than 6 months nor more than 1 year. Fine of not less than $1,000 or more than $3,000; 5 years mandatory with provisions up to 10 years license revocation.
Third and subsequent offense within 10 years is a felony with imprisonment of not less than 1 year nor more than 3 years. Fine of not less than $3,000 or more than $5,000. 10 years mandatory license revocation with provision for a lifetime revocation.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

17C-5-2(j)(1-2) Learn More
If passengers are under 16 misdemeanor imprisonment of not less than 2 days, nor more than 12 months, fine of not less than $200 or more than $1000.

Statutes with THC Listed as Delta 8, 9, 10, or 11

§60A-1-101. Learn More
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21
For medical marijuana only.

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Yes. The Act defines a "caregiver" as an individual, 21 years of age or older unless otherwise authorized by
the Bureau, who is:
• Designated by a patient or, if the patient is under 18 years of age, an individual that is a parent
or legal guardian of the patient, or
• An individual designated by a patient or legal guardian, or
• An appropriate individual approved by the Bureau upon sufficient showing that no parent or
legal guardian is appropriate or available.
Caregivers must submit an application online for an identification card and undergo a criminal history
background check.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

None found

Drugs

None found

Penalties for Retailers Who Knowingly Sell to People Under 21

Any amount sale is a felony punishable by one to five years imprisonment with one year mandatory. Fine of up to $15,000.

Other

No Data Available