(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 in an amount set by Council from time to time. A person convicted of a second or any subsequent offense under the provisions of this division (A) shall be imprisoned for a period of 30 days, and the court may, in its discretion, impose a fine in an amount set by Council from time to time.
(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.
(Prior Code, § 353.06) Penalty, see § 74.99
Statutory reference:
Related provisions, see W.Va. Code § 17E-1-14