(A) Any person who:
(1) Drives a vehicle in this municipality 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 0.08% or more, by weight.
(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure; and
(3) Commits the act or failure in reckless disregard of the safety of others and when the influence of alcohol, controlled substances or drugs is shown to be a contributing cause to the death if guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a term not to exceed state law and shall be fined an amount not to exceed state law.
(B) Any person who:
(1) Drives a vehicle in this municipality 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 substances or any other drug; and
(e) Has an alcohol concentration in his or her blood of 0.08% or more, by weight.
(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes the death of any person within one year next following the act or failure is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than 90 days nor more than one year and shall be fined an amount not to exceed state law.
(C) Any person who:
(1) Drives a vehicle in this municipality 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 0.08% or more, by weight.
(2) While driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of the vehicle, which act or failure proximately causes 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 nor more than one year, which jail terms is to include actual confinement of not less than 24 hours, and shall be fined an amount not to exceed state law.
(D) Any person who:
(1) Drives a vehicle in this municipality 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; or
(d) Has an alcohol concentration in his or her blood of 0.08% or more, by weight, but less than 0.15% by weight.
(2) Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for up to six months and shall be fined an amount not to exceed state law. A person sentenced pursuant to this division (D) shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(E) Any person who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of 0.15% 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 six months, which jail term is to include actual confinement of not less than 24 hours, and shall be fined an amount not to exceed state law. A person sentenced pursuant to this division (E) shall received credit for any period of actual confinement he or she served upon arrest for the subject offense.
(F) Any person who, being an habitual used of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in this municipality is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than one day nor more than six months, which jail terms is to include actual confinement of not less than 24 hours, and shall be fined an amount not to exceed state law. A person sentenced pursuant to this division (F) shall receive credit for any period of actual confinement he or she served upon arrest for the subject offense.
(G) Any person who:
(1) Knowingly permits his or her vehicle to be driven in this municipality by any person who:
(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 0.08% or more, by weight.
(2) Is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined an amount not to exceed state law.
(H) Any person who knowingly permits his or her vehicle to be driven in this municipality by any other person who is an 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 six months and shall be fined an amount not to exceed state law.
(I) (1) Any person under the age of 21 years who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of 0.02% or more, by weight, but less than 0.08%, by weight, for a first offense under this division (I) is guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not to exceed state law. For a second or subsequent offense under this division (I)(1), the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for 24 hours and shall be fined an amount not to exceed state law. A person who is charged with a first offense under the provisions of this division (I)(1) 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 W. Va. Code 17-5A-3a. 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 division (I)(1) may not be construed as an admission or be used as evidence.
(2) A person arrested and charged with an offense under the provisions of this division (I) or divisions (A), (B), (C), (D), (E), (F), (G), or (H) above may not also be charged with an offense under this division (I) arising out of the same transaction or occurrence.
(J) Any person who:
(1) Drives a vehicle in this municipality while he or she:
(a) Is under the influence of alcohol;
(b) Is under the influence of any controlled substance;
(c) In under the influence of any other drug; or
(d) Has an alcohol concentration in his or her blood of 0.08% or more, by weight.
(2) The person while driving has on or within the motor vehicle one or more other persons who are unemancipated minors who have not 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 12 months, which jail terms is to include actual confinement of not less than 48 hours and shall be fined an amount not to exceed state law.
(K) A person violating any provision of divisions (B), (C), (D), (E), (F), (G) or (I) above, for the second offense under this section, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than six months nor more than one year and the court may, in its discretion, impose a fine of an amount not to exceed state law.
(L) Any person violating any provision of divisions (B), (C), (D), (E), (F), (G) or (I) above, for the third or any subsequent offense under this section, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a term not to exceed state law, and the court may, in it discretion, impose a fine of an amount not to exceed state law.
(M) For purposes of divisions (K) and (I) above relating to the second, third and subsequent offenses, the following types of convictions are to be regarded as convictions under this section:
(1) Any conviction under the provisions of divisions (A), (B), (C), (D), (E), (F) or (G) above or under a prior enactment of this section for an offense which occurred within the ten-year period immediately preceding the date of arrest in the current proceeding; and
(2) Any conviction under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in divisions (A), (B), (C), (D), (E), (F), (G) or (H) above, which offense occurred within the ten-year period immediately preceding the date of the arrest in the current proceeding.
(W. Va. Code 17C-5-2a) (Prior Code, § 333.01) (Ord. 08-08, passed 10-7-2008)