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WEST VIRGINIA CODE

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WVC 27 - 1 - 16 §27-1-16. Incapacitated.
"Incapacitated" means a level of intoxication at which an individual is incapable of physical or mental control of himself, thus rendering him dangerous to himself or others or unable to protect himself from hazard.

Note: WV Code updated with legislation passed through the 2012 1st Special Session