(a) Any person who:
(1) Drives a vehicle in the municipality while:
(a) He or she is under the influence of alcohol;
(b) He or she is under the influence of any controlled substance;
(c) He or she is under the influence of any other drug;
(d) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or
(e) He or she has an alcohol concentration in his or her blood of 0.10% or more, by weight.
(2) When so driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of such vehicle, which act or failure proximately causes the death of any person within one year next following such act or failure, is guilty of a misdemeanor, and shall be confined in jail for not less than 90 days, nor more than one year, and shall be fined not less than $500, nor more than $1,000.
(b) Any person who:
(1) Drives a vehicle in the municipality while:
(a) He or she is under the influence of alcohol;
(b) He or she is under the influence of any controlled substance;
(c) He or she is under the influence of any other drug;
(d) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or
(e) He or she has an alcohol concentration in his or her blood of 0.10% or more, by weight.
(2) When so driving does any act forbidden by law or fails to perform any duty imposed by law in the driving of such vehicle, which act or failure proximately causes bodily injury to any person other than himself or herself, is guilty of a misdemeanor, and shall be confined in jail for not less than one day, nor more than one year, which jail term shall include actual confinement of not less than 24 hours and shall be fined not less than $200, nor more than $1,000.
(c) Any person who:
(1) Drives a vehicle in the municipality while:
(a) He or she is under the influence of alcohol;
(b) He or she is under the influence of any controlled substance;
(c) He or she is under the influence of any other drug;
(d) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or
(e) He or she has an alcohol concentration in his or her blood of 0.10% or more, by weight.
(2) Is guilty of a misdemeanor, and shall be confined in jail for not less than one day, nor more than six months, which jail term shall include actual confinement of not less than 24 hours, and shall be fined not less than $100, nor more than $500.
(d) Any person who, being a habitual user of narcotic drugs or amphetamine or any derivative thereof, drives a vehicle in the municipality, is guilty of a misdemeanor, and shall be confined in jail for not less than one day, nor more than six months, which jail term shall include actual confinement of not less than 24 hours, and shall be fined not less than $100, nor more than $500.
(e) Any person who:
(1) Knowingly permits his or her vehicle to be driven in the municipality 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;
(d) 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 0.10% or more, by weight.
(2) Is guilty of a misdemeanor and shall be confined in jail for not more than six months and shall be fined not less than $100, nor more than $500.
(f) Any person who knowingly permits his or her vehicle to be driven in the 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 shall be confined in jail for not more than six months and shall be fined not less than $100, nor more than $500.
(g) (1) Any person under the age of 21 years who drives a vehicle in the municipality while he or she has an alcohol concentration in his or her blood of 0.02% or more, by weight, but less than 0.10%, by weight, shall, for a first offense under this subsection (g), be guilty of a misdemeanor, and shall be fined not less than $25, nor more than $100. For a second or subsequent offense under this subsection (g), such person is guilty of a misdemeanor, and shall be confined in jail for 24 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 section may move for a continuance of the proceedings from time to time to allow the person to participate in the vehicle alcohol test and lock program as provided for in W.Va. Code § 17C-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 section shall not be construed as an admission or be used as evidence.
(2) A person arrested and charged with an offense under the provisions of subsections (a), (b), (c), (d), (e) or (f) above may not also be charged with an offense under this subsection (g) arising out of the same transaction or occurrence.
(h) A person violating any provision of subsections (a), (b), (c), (d) (e) or (f) above shall, for the second offense under this section, be guilty of a misdemeanor, and shall be confined in jail for a period of not less than six months, nor more than one year, and the court may, in its discretion, impose a fine of not less than $1,000, nor more than $3,000.
(i) A person violating any provision of subsections (a), (b), (c), (d), (e) or (f) above shall, for the third or any subsequent offense under this section, be guilty of a felony and charged under W.Va. Code § 17C-5-2.
(j) For purposes of subsections (h) and (i) above relating to second, third and subsequent offenses, the following types of convictions shall be regarded as convictions under this section:
(1) Any conviction under the provisions of subsections (a), (b), (c), (d) or (e) above of the prior enactment of this section for an offense which occurred on or after 9-1-1981, and prior to the effective date of this section;
(2) Any conviction under the provisions of subsection (a) above of the prior enactment of this section for an offense which occurred within a period of five years immediately preceding 9-1-1981;
(3) Any conviction under a municipal ordinance of the 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 subsections (a), (b), (c), (d), (e) or (f) above, which offense occurred after 6-10-1983; and
(4) A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section, if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time periods for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In such case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final.
(k) The fact that any person charged with a violation of subsections (a), (b), (c) or (d) above, or any person permitted to drive as described under subsections (e) or (f) 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 subsections (a), (b), (c), (d), (e) or (f) above.
(l) For purposes of this section, the term
CONTROLLED SUBSTANCE has the meaning ascribed to it in W.Va. Code Ch. 60A.
(m) The sentences provided herein upon conviction for a violation of this section are mandatory and shall not be subject to suspension or probation; provided that, the court may apply the provisions of W.Va. Code §§ 62-11A-1 et seq., to a person sentenced or committed to a term of one year or less. An order for home detention by the court pursuant to the provisions of W.Va. Code Art. 62-11B may be used as an alternative sentence to any period of incarceration required by this section.
(W.Va. Code § 17C-5-2)
(n) For purposes of this section, the phrase
IN THIS MUNICIPALITY means anywhere within the physical boundaries of the municipality, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel.
(o) When used in this section, the terms or phrases “driving under the influence of intoxicating liquor,” “driving or operating a motor vehicle while intoxicated,” “for any person who is under the influence of intoxicating liquor to drive any vehicle,” or any similar term or phrase shall be construed to mean and be synonymous with the term or phrase “while under the influence of alcohol...drives a vehicle”, as the latter term or phrase is used in this section.
(p) A warrant or indictment which charges or alleges an offense, prohibited by the provisions of this section, and which warrant or indictment uses any of the terms or phrases set forth in subsection (o) above, shall not thereby be fatally defective if such warrant or indictment otherwise informs the person so accused of the charges against him or her.
(W.Va. Code § 17C-5-2a)