WVC 17 E- 1 - 14
§17E-1-14. Commercial drivers prohibited from driving with blood
alcohol concentration of four hundredths of one
percent or more; refusal of preliminary breath test
to determine alcohol content of blood; criminal
(a) In addition to any other penalties provided by this code,
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 four hundredths of one percent
or more, by weight, is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in jail for not less than twenty-four
hours nor more than six months, and shall be fined not less than
one hundred dollars nor more than five hundred dollars. A person
convicted of a second or any subsequent offense under the
provisions of this subsection 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 one
thousand dollars nor more than three thousand dollars.
(b) A person who violates the provisions of subsection (a) of
this section shall be treated in the same manner set forth in
section three, article nineteen, chapter seventeen-c of this code,
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 this 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
section fifteen of this article, shall be placed out-of-service for
twenty-four hours by the arresting law-enforcement officer.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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