Strong Legal Advocacy in Morgantown
man opening a bottle of beer in the car

When is It Illegal to Drink and Drive?

It is illegal to drive a vehicle while “under the influence” of alcohol.

Like many other states, West Virginia law has certain legal presumptions that apply to most DUI cases. If a person’s blood alcohol concentration (BAC) is .05 or less, then that is prima facie evidence that the person is not under the influence of alcohol. If a person’s BAC is .08 or higher, then that is prima facie evidence that the person is under the influence of alcohol. If a person’s BAC is more than .05, but less than .08, then that is relevant evidence to be considered, but does not rise to the level of prima facie evidence of being under the influence.

Prima facie is a Latin phrase that means “on its face.” It means that the evidence is sufficient to establish a fact unless there is substantial contradictory evidence.

A commercial driver can be charged with DUI if his or her BAC is .04 or higher. A person under 21 can be charged if his or her BAC is .02 or higher.