(a) For purposes of this article and 17C-5A-1 et seq. of this code, the phrase "in this state" shall mean anywhere within the physical boundaries of this state, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel, but as used in 17C-5-2(e), 17C-5-2(f), 17C-5-2(g), 17C-5-2(h), 17C-5-2(i), 17C-5-2(j), and 17C-5-2(k) of this code, the term does not mean or include driving or operating a vehicle solely and exclusively on ones own property in an area not open to the use of the public for purposes of vehicular travel.
(b) When used in this code, the terms or phrases "driving under the influence of intoxicating liquor", "driving or operating a motor vehicle while intoxicated", "for any person who is under the influence of intoxicating liquor to drive any vehicle", or any similar term or phrase shall be construed to mean and be synonymous with the term or phrase "while under the influence of alcohol ... drives a vehicle" as the latter term or phrase is used in 17C-5-2 of this code.
(c) From and after the effective date of this section, a warrant or indictment which charges or alleges an offense, prohibited by 17C-5-2 of this code, and which warrant or indictment uses any of the terms or phrases set forth in subsection (b) of this section, shall not thereby be fatally defective if such warrant or indictment otherwise informs the person so accused of the charges against said person.
Structure West Virginia Code
Chapter 17C. Traffic Regulations and Laws of the Road
Article 5. Serious Traffic Offenses
§17C-5-1. Negligent Homicide; Penalties
§17C-5-2. Driving Under Influence of Alcohol, Controlled Substances, or Drugs; Penalties
§17C-5-3. Reckless Driving; Penalties
§17C-5-5. Preliminary Analysis of Breath to Determine Alcoholic Content of Blood
§17C-5-6a. Taking a Child Into Custody; Driving a Motor Vehicle With Any Amount of Blood Alcohol
§17C-5-8. Interpretation and Use of Chemical Test
§17C-5-9. Right to Demand Test
§17C-5-10. Fee for Withdrawing Blood Sample and Making Urine Test; Payment of Fees