(A) Any person who:
(1) Drives a vehicle in this city while he or she is:
(a) Under the influence of alcohol;
(b) Under the influence of any controlled substance;
(c) Under the influence of any other drug; or
(d) Under the combined influence of alcohol and any controlled substance or any other drug.
(2) Any person who, being an habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this city, shall be guilty of a misdemeanor.
(B) Any person who:
(1) Knowingly permits his or her vehicle to be driven in this city by any other person who is:
(a) Under the influence of alcohol;
(b) Under the influence of any controlled substance;
(c) Under the influence of any other drug; or
(d) Under the combined influence of alcohol and any controlled substance or any other drug.
(2) Shall be guilty of a misdemeanor.
(C) Any person who:
(1) Knowingly permits his or her vehicle to be driven in this city by any other person who is an habitual user of narcotic drugs or amphetamine or any derivative thereof:
(2) Shall be guilty of a misdemeanor.
(D) The fact that any person charged with a violation of divisions (A) or (B) above, or any person permitted to drive as described under division (C) above, is or has been legally entitled to use alcohol, a controlled substance or a drug shall not constitute a defense against any charge of violating divisions (A), (B) or (C) above.
(E) For purposes of this section, the term CONTROLLED SUBSTANCE shall have the meaning ascribed to it in W.Va. Code Ch. 60-A (§§ 60-A-1-1 et seq.).
(F) The sentences provided herein upon conviction for a violation of this section are mandatory and shall not be subject to suspension or probation.
(G) The re-enactment of this section shall not in any way add to or subtract from the elements of the offenses set forth herein and earlier defined in the prior enactment of this section.
(1991 Code, § 19-76) (Ord. passed 9-15-1983) Penalty, see § 72.999
Statutory reference:
For corresponding provisions of state law, see W.Va. Code §§ 17C-5-2(e), 17C-5-2(f), 17C-5-2(g), 17C-5-2(k), 17C-5-2(1), 17C-5-2(m)