(a) In addition to any other penalties provided by the West Virginia Code or these codified ordinances any person who:
(1) Drives, operates or is in physical control of a commercial motor vehicle while having any measurable alcohol in his or her system; or
(2) Drives, operates or is in physical control of a commercial motor vehicle while having an alcohol concentration of his or her blood, breath or urine of 0.04% or more, by weight;
(b) Upon conviction of an offense described in subsection (a) above:
(1) For a violation of subsection (a)(1) thereof, such person shall be fined not more than $100; for a second offense of subsection (a)(1) thereof, such person shall be fined not less than $100, nor more than $300, or imprisoned for a period not to exceed 30 days, and, for a third or any subsequent offense, shall be fined not less than $500, nor more than $1,000, and shall be imprisoned for a period of time of not less than 24 hours and not more than 30 days.
(2) For a violation of subsection (a)(2) thereof, such person shall be imprisoned for not less than 24 hours, nor more than 30 and shall be fined not less than $100, nor more than $500. A person violating the provisions of subsection (a)(2) above for the second or any subsequent offense, shall be imprisoned for a period of not more than 30 days and the court may, in its discretion, impose a fine of not less than $1,000.
(c) A person who violates the provisions of subsection (a)(2) above shall be taken immediately before a magistrate or court within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense.
(d) In addition to any other penalties provided by this Traffic Code, a person who drives, operates or is in physical control of a commercial motor vehicle having any measurable alcohol in such person’s system or who refuses to take a preliminary breath test to determine such person’s blood alcohol content as provided by W.Va. Code § 17E-1-15 must be placed out of service for 24 hours.
(W.Va. Code § 17E-1-14)