(a) Definitions.
(1) Impaired State means a person:
(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 or inhalant substance;
(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.
(2) “Bodily injury” means injury that causes substantial physical pain, illness or any impairment of physical condition.
(3) “Serious bodily injury” means bodily injury that creates a substantial risk of death, that causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
(b) Any person who drives a vehicle in this State while he or she is in an impaired state and such impaired state proximately causes a bodily injury to any person other than himself or herself, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day more than thirty days and shall be fined not less than $200 nor more than $1,000: provided, that such jail term shall include actual confinement of not less than twenty four hours: provided, however, that a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(c) Any person who drives a vehicle in this State: (i) while he or she is in an impaired state or (ii) while he or she is in an impaired state but has an alcohol concentration in his or her blood of less than fifteen hundredths of one percent by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for up to thirty days and shall be fined not less than $100 nor more than $500: provided, that a person sentenced pursuant to this subsection shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(d) Any person who drives a vehicle in this State while he or she has an alcohol concentration in his or her blood of fifteen hundredths of one percent or more, by weight, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than thirty days, which jail term is to include actual confinement of not less than twenty four hours, and shall be fined not less than $200 nor more than $1,000. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(e) Any person who, being a habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this State is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than thirty days, which jail term is to include actual confinement of not less than twenty four hours, and shall be fined not less than $100 nor more than $500. A person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(f) Any person who knowingly permits his or her vehicle to be driven in this Sstate by any other person who is in an impaired state is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than thirty days and shall be fined not less than $100 nor more than $500.
(g) Any person who knowingly permits his or her vehicle to be driven in this State by any other person who is a habitual user of narcotic drugs or amphetamine or any derivative thereof is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than thirty days and shall be fined not less than $100 nor more than $500.
(h) Any person under the age of twenty one years who drives a vehicle in this State while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, for a first offense under this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $25 nor more than $100. For a second or subsequent offense under this subsection, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for twenty four hours and shall be fined not less than $100 nor more than $500. A person who is charged with a first offense under the provisions of this subsection may move for a continuance of the proceedings, from time to time, to allow the person to participate in the Motor Vehicle Alcohol Test and Lock Program as provided in section three a, article five a of chapter 17C of the Code of the State of West Virginia. Upon successful completion of the program, the court shall dismiss the charge against the person and expunge the person's record as it relates to the alleged offense. In the event the person fails to successfully complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this subsection may not be construed as an admission or be used as evidence.
A person arrested and charged with an offense under the provisions of this subsection or subsection (b), (c), (d), (e), (f) or (g), of this section may not also be charged with an offense under this subsection arising out of the same transaction or occurrence.
(i) Any person who drives a vehicle in this State while he or she is in an impaired state and has within the vehicle one or more other persons who are unemancipated minors who have not yet reached their sixteenth birthday is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than two days nor more than thirty days, and shall be fined not less than $200 nor more than $1,000: provided, that such jail term shall include actual confinement of not less than forty-eight hours: provided, however, that a person sentenced pursuant to this subdivision shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(j) For purposes of this section, the term controlled substance has the meaning ascribed to it in chapter sixty a of the Code of the State of West Virginia.
(k) The sentences provided in this section upon conviction for a violation of this article are mandatory and are not subject to suspension or probation: provided, that the court may apply the provisions of article eleven a, chapter sixty two of the Code of the State of West Virginia to a person sentenced or committed to a term of one year or less for a first offense under this section: provided, however, that the court may impose a term of conditional probation pursuant to section two-b of this article to persons adjudicated thereunder. An order for home detention by the court pursuant to the provisions of article eleven b of said chapter 17C of the Code of the State of West Virginia and may be used as an alternative sentence to any period of incarceration required by this section for a first or subsequent offense.
(Ord. 2016-12. Passed 6-9-16.)