West Virginia Code
Article 1. Commercial Driver's License
§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 Penalties

(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 $100 nor more than $500. 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 $1,000 nor more than $3,000.
(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.

Structure West Virginia Code

West Virginia Code

Chapter 17E. Uniform Commercial Driver's License Act

Article 1. Commercial Driver's License

§17E-1-1. Short Title

§17E-1-2. Statement of Intent and Purpose

§17E-1-3. Definitions

§17E-1-4. Limitation on Number of Driver's Licenses

§17E-1-5. Notification Required by Driver

§17E-1-6. Employer Responsibilities

§17E-1-7. Commercial Driver's License Required; Disqualification for Driving Without Valid License

§17E-1-8. Exemptions to the Commercial Driver's License Requirements

§17E-1-8a. Restricted Commercial Driver"s License for Certain Drivers in Farm-Related Service Industries

§17E-1-9. Commercial Driver"s License Qualification Standards

§17E-1-10. Application for Commercial Driver's License

§17E-1-11. Commercial Driver's License

§17E-1-12. Classifications, Endorsements and Restrictions

§17E-1-13. Disqualification

§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 Penalties

§17E-1-14a. Commercial Drivers Prohibited From Texting

§17E-1-15. Implied Consent Requirements for Commercial Motor Vehicle Drivers; Disqualification for Driving With Blood Alcohol Concentration of Four Hundredths of One Percent or More, by Weight

§17E-1-16. Notification of Traffic Convictions

§17E-1-17. Driving Record Information to Be Furnished

§17E-1-18. Rule-Making Authority

§17E-1-19. Authority to Enter Agreements

§17E-1-20. Reciprocity

§17E-1-21. Severability and Savings Clause

§17E-1-22. Effective Dates

§17E-1-23. Funding for the Commercial Driver's License Fees

§17E-1-24. Enforcement

§17E-1-25. Penalties