If you ask most drivers about the legal limit for blood alcohol concentration, they will probably tell you that West Virginia law sets it at 0.08%. This is consistent across all 50 states, and most people learn this in driver’s ed classes. If a driver reaches or exceeds 0.08%, the courts can presume they were impaired by alcohol, and they could face serious charges.
However, it is important to note that drivers who are under 21 are not subject to the same legal limit. Under the zero-tolerance laws in West Virginia, they could face the same charges if their blood alcohol concentration is just 0.02%. It does not even take a full drink to reach this level, so someone who has consumed any alcohol at all is potentially at risk of impaired driving charges.
Why is the law designed this way?
The reason for this law is that the legal drinking age is 21. Someone who is under that age is not permitted to purchase or consume alcohol in the first place. They should certainly not be driving under the influence, so any indication that they have been drinking shows that they have already broken the law.
For older drivers, alcohol use is legal. As a result, they are held to a different standard. For these drivers, the issue is when alcohol use leads to impairment and affects their ability to operate a vehicle safely. That is why they are given a higher legal limit than younger drivers, who should not have been drinking at all.
Your defense options
In some cases, young drivers are surprised to learn that they are facing impaired driving charges. They may argue that they consumed very little alcohol and that it did not affect their ability to drive. If you find yourself in this position, it is important to understand West Virginia law and all of the legal defense options available to you at this time.