(a) In addition to any other penalties provided by the West Virginia Code or these codified ordinances, any person who drives, operates, or is in physical control of a commercial motor vehicle while having an alcohol concentration in his or her blood, breath, or urine of 0.04% or more, by weight, shall be imprisoned for not less than 24 hours nor more than 30 days, and shall be fined not less than $100 nor more than $500. A person convicted of a second or any subsequent offense under the provisions of this division shall be imprisoned for a period of 30 days, and the court may, in its discretion, impose a fine of not less than $1,000 nor more than $3,000.
(b) A person who violates the provisions of division (a) above shall be treated in the same manner set forth in W. Va. Code 17C-19-3, as if he or she had been arrested for driving under the influence of alcohol or of any controlled substance.
(c) In addition to any other penalties provided by the West Virginia Code or these codified ordinances, 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 shall be placed out of service for 24 hours by the arresting law enforcement officer.
(W. Va. Code 17E-1-14)