Driving under the influence (DUI) is a serious crime in West Virginia, whether the driver is impaired by alcohol, drugs, or a combination of both. However, there are important differences between DUI cases involving alcohol and those involving drugs. These differences can affect how drivers are charged, how evidence is gathered, and what penalties they may face if convicted. Understanding the key distinctions between DUI drug laws and alcohol DUIs in West Virginia is essential, especially if you find yourself or someone you care about facing such charges. At, The Wagner Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
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Harley Wagner
DUI Laws in West Virginia: Alcohol vs. Drugs
In West Virginia, DUI laws make it illegal to drive a vehicle while impaired by alcohol, drugs, or any other substance that can affect a person’s ability to drive safely. However, the way the law handles alcohol-related DUIs is different from how it handles drug-related DUIs. When a driver is arrested for an alcohol DUI, the case often hinges on the driver’s blood alcohol concentration (BAC). West Virginia law sets a legal limit for BAC at 0.08 percent for most drivers, which means that if a driver’s BAC is at or above this level, they are considered legally intoxicated and can be charged with DUI.
For drug DUIs, there is no similar limit that can be easily tested like BAC. This makes drug DUIs more complicated for law enforcement officers and prosecutors. Drugs can impair drivers in different ways depending on the type of drug and the amount taken. Unlike alcohol, drugs do not have a set legal limit for impairment, making it harder to measure impairment based solely on chemical tests. In these cases, police officers and prosecutors rely more heavily on physical evidence, such as the driver’s behavior, appearance, and performance on field sobriety tests.
Testing for Impairment: Alcohol vs Drugs
One of the biggest differences between alcohol and drug DUI cases is how impairment is tested. In alcohol DUI cases, testing for impairment is relatively straightforward because of breathalyzers and blood tests that can measure a person’s BAC. If a driver’s BAC is at or above 0.08 percent, they are presumed to be impaired under the law. This makes it easier for law enforcement to prove that the driver was too impaired to operate a vehicle safely.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.” - Antea Jarazi The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation." - Savanna Cummings Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you." - Clint Anderson
In drug-related DUIs, however, testing is much more complex. While blood tests can show the presence of drugs in a person’s system, they do not indicate how impaired the person was at the time they were driving. Some drugs can remain in a person’s system for days or even weeks after they are used, long after their impairing effects have worn off. For example, marijuana can be detected in a person’s blood or urine long after the person is no longer impaired. This makes it difficult for prosecutors to prove that the drugs caused the impairment at the time of driving.
In addition, different drugs affect people in different ways. Some may cause drowsiness or slow reaction times, while others may cause heightened alertness or erratic behavior. Because there is no standard limit for drug impairment like there is for alcohol, law enforcement officers often have to rely on field sobriety tests and observations to determine if a driver is impaired by drugs. This can make drug DUI cases more challenging to prove in court.
Penalties for DUI: How Drug DUIs and Alcohol DUIs Compare
The penalties for a DUI conviction in West Virginia can be severe, whether the offense involves alcohol or drugs. Both types of DUIs are treated as serious offenses, and the consequences can include fines, jail time, and license suspension. However, there are some differences in how the law treats alcohol DUIs compared to drug DUIs.
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For a first-time alcohol DUI offense, the penalties may include a fine of up to $500, jail time of up to six months, and a license suspension of up to six months. If a driver is convicted of a second or third alcohol DUI offense, the penalties become much harsher, including longer jail sentences, higher fines, and longer license suspensions.
Drug-related DUIs carry similar penalties, but the consequences can vary depending on the type of drug involved and the specific circumstances of the case. For instance, if the driver was under the influence of illegal drugs such as methamphetamine or cocaine, the penalties may be more severe than if the driver was impaired by a prescription medication. Additionally, drivers convicted of drug DUIs may be required to complete drug treatment programs as part of their sentence. The state takes a strong stance against drug-impaired driving because of the serious risk it poses to public safety.
Prescription Drugs and DUI Charges
Many people do not realize that prescription drugs can lead to DUI charges in West Virginia. Even though these medications are legally prescribed by a doctor, they can still impair a person’s ability to drive safely. Prescription painkillers, muscle relaxants, anti-anxiety medications, and even some over-the-counter medications can cause drowsiness, slowed reaction times, or dizziness, all of which can impair a driver’s judgment and ability to operate a vehicle.
Drivers who are prescribed medication should be aware of the potential side effects and avoid driving if the medication affects their ability to focus, react quickly, or make safe driving decisions. In West Virginia, driving under the influence of prescription drugs is treated the same as driving under the influence of illegal drugs. If a driver is found to be impaired by prescription medication, they can face the same charges and penalties as someone impaired by alcohol or illegal drugs.
Field Sobriety Tests and Drug Recognition Specialists
In many drug DUI cases, law enforcement officers use field sobriety tests to determine whether a driver is impaired. These tests are designed to evaluate a driver’s coordination, balance, and cognitive abilities. The results of these tests can provide evidence of impairment, but they are not foolproof. Some people may fail a field sobriety test due to factors other than impairment, such as fatigue, medical conditions, or nervousness.
Case Results
To help with drug DUI investigations, some police officers in West Virginia are trained as Drug Recognition Specialists (DREs). These officers have special training in identifying the signs and symptoms of drug impairment. A DRE can evaluate a driver’s physical and mental state, conduct field sobriety tests, and make observations about the driver’s behavior. Based on their training, DREs may be able to determine whether a driver is impaired by drugs and what type of drug may be involved. The testimony of a DRE can be an important part of the prosecution’s case in a drug DUI trial.
The Role of Marijuana in DUI Cases
As marijuana laws have changed across the country, more drivers are being charged with drug DUIs involving marijuana. In West Virginia, marijuana is still illegal for recreational use, but it is legal for medical use under certain conditions. However, even medical marijuana patients can be charged with DUI if they are found to be impaired while driving.
One of the challenges with marijuana DUIs is that THC, the active ingredient in marijuana, can remain in a person’s system for a long time. This means that a driver could test positive for THC even if they are no longer impaired. In marijuana DUI cases, law enforcement officers often rely on field sobriety tests and observations of the driver’s behavior to determine impairment. The presence of marijuana alone is not enough to prove a driver was impaired; the prosecution must show that the driver’s ability to drive was affected by the drug.
Legal Defenses in DUI Drug Cases
Defending against a DUI drug charge in West Virginia can be complex, but there are several potential defenses that an experienced attorney may use. One defense is challenging the accuracy of the chemical tests used to detect drugs in the driver’s system. Since drug tests do not always show the level of impairment at the time of driving, it may be possible to argue that the driver was not actually impaired when they were behind the wheel.
Another defense is questioning the reliability of the field sobriety tests or the observations made by the arresting officer. Field sobriety tests are not always accurate, and factors like medical conditions, fatigue, or anxiety can affect a driver’s performance. In some cases, the defense may argue that the driver’s poor performance on the test was due to something other than drug impairment.
Finally, an attorney may challenge the actions of the police officers involved in the arrest. If the police did not have probable cause to stop the driver or conduct a drug test, the evidence gathered during the stop may be inadmissible in court.
If you or a loved one is facing DUI charges in West Virginia, whether for alcohol or drugs, it is essential to have knowledgeable legal representation on your side. The Wagner Law Firm is experienced in handling DUI cases and can provide the guidance and defense you need. Contact The Wagner Law Firm today to discuss your case and learn about your legal options. We offer free consultations and are ready to fight for your rights and your future.