The People’s Lawyer

West Virginia legislature considers new drunk driving law

by | Jan 22, 2019 | Drunk Driving Charges

The West Virginia House of Delegates passed a bill that would make it legal for a person to drive drunk on their own property. However, the bill would not protect a drunk driver from liability for hurting or killing another person. It would also still be legal for police to take drunk drivers into custody if that individual left their property or was spotted coming back onto their property.

The legislation was inspired by an incident that took place in 2012. The case involved a man who was taken into custody for drunk driving after being spotted driving an ATV on his own property. After passing the House of Delegates 97-2, the bill will now be sent to the Senate for approval. It was not clear if it would pass the Senate or when the matter would be voted on.

Driving while impaired can have a negative impact on both the driver and others sharing the road with that person. Drunk drivers may put themselves and others at risk of being hurt or killed. They may also face legal consequences if authorities spot them operating a motor vehicle while under the influence of alcohol. Those who are facing drunk driving charges may want to consider hiring an attorney to help with their cases.

If convicted of DUI, an individual could face jail or prison time in addition to fines and a license suspension or revocation. An attorney may work to have a DUI charge dropped or dismissed, which may reduce the penalties a person receives. This might be done by casting doubt on the cause of the traffic stop that led to the charge. Alternatively, an attorney may cast doubt on a blood or urine test used to determine that a driver was impaired.