Drink-driving limits in West Virginia (2026)
Last reviewed: 29 October 2026
In short: The general alcohol limit is set in state law and is shown where verified.
| Rule | What applies |
|---|---|
| Blood alcohol limit for ordinary driversDriving after drinking alcohol | 0.08 % blood alcohol [1] |
| Lower limit for novice or young driversDriving after drinking alcohol | Under 21: an alcohol concentration of 0.02% or more but less than 0.08% is a misdemeanour (first offence: fine of $25 to $100 and licence suspension). [2] |
| Random breath tests without suspicionDriving after drinking alcohol | ⚠ Not yet verified |
| Limit for professional or commercial driversDriving after drinking alcohol | Commercial motor vehicle: 0.04% or more is a misdemeanour (24 hours to 6 months in jail, fine of $100 to $500); any measurable alcohol means 24 hours out of service. [3] |
| Maximum penaltiesDriving after drinking alcohol | Impaired driving (basic offence): up to 6 months in jail and a fine of $100 to $500, plus a licence revocation of 6 months (or participation in the test and lock programme). [4] |
Notes
- Not yet verified against the state's official statutes.
Sources
- West Virginia Legislature: 17C-5-2. Driving under influence of alcohol, controlled substances, or drugs; penalties (consulted 29 October 2026) · all sources
- West Virginia Legislature: 17C-5-2. Driving under influence of alcohol, controlled substances, or drugs; penalties (consulted 29 October 2026) · all sources
- West Virginia Legislature: West Virginia Code 17E-1-14, Commercial drivers prohibited from driving with blood alcohol concentration of four hundredths of one percent or more (consulted 29 October 2026) · all sources
- West Virginia Legislature: West Virginia Code 17C-5-2, Driving under the influence of alcohol, controlled substances or drugs; penalties (consulted 29 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Limit for professional or commercial drivers | 0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. (source: Electronic Code of Federal Regulations (Office of the Federal Register)) |
|---|
West Virginia and neighbouring states
| State | Blood alcohol limit for ordinary drivers | Lower limit for novice or young drivers | Limit for professional or commercial drivers | Random breath tests without suspicion | Maximum penalties |
|---|---|---|---|---|---|
| West Virginia | 0.08% | 0.02% (under 21) | 0.04% commercial | ⚠ Not yet verified | Up to 6 months; $100-$500 fine |
| Kentucky | 0.08% | 0.02% (under 21) | Any alcohol; 0.04% = DUI | Yes, traffic safety checkpoints | Up to 30 days; $200-$500 fine |
| Maryland | 0.08% | Any alcohol (under 21) | Any alcohol (commercial); 0.04% disqualifies | ⚠ Not yet verified | Up to 1 yr jail / $1,200 (1st) |
| Ohio | 0.08% | 0.02% (under 21) | 0.04% (commercial vehicles) | ⚠ Not yet verified | Fine $375-$1,075, min. 3 days jail |
| Pennsylvania | 0.08% | 0.02% (minors) | 0.04% (commercial vehicle) | ⚠ Not yet verified | First: misdemeanour, $300 fine |
| Virginia | 0.08% | 0.02% (under 21) | 0.04% (commercial vehicle) | ⚠ Not yet verified | Class 1 misdemeanour; fine min. $250 |
More rules in West Virginia
- CannabisPossession for personal use: Criminal offence (misdemeanour) · Growing at home: Prohibited
- Car speed limitsBuilt-up areas: 25 mph · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (intermediate licence) · Earliest age to drive a car supervised: 15 (level one permit)
- E-bikes and speed pedelecsLegal class: Three classes
- FireworksConsumers may buy and use category F2 fireworks: Yes · Minimum age to buy: 18
- Knives and pepper sprayFolding pocket knives: Allowed; 18+ for concealed · Locking or one-handed knives: Switchblade/gravity: 18+ may carry concealed
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $8.75 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Only passengers under 18
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21+ (purchase, consume, possess) · Minimum age to buy spirits: 21+ (purchase, consume, possess)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.