Alcohol, BAC limits and zero tolerance

Key points

1. About 28% of fatal crashes in West Virginia involved drivers under the influence of alcohol.

   Source: PDF page 31

   “about 28% of the fatal crashes in West Virginia involved drivers who had been driving under the influence of alcohol.”
   West Virginia Driver's Licensing Handbook, PDF page 31

2. The legal drinking age is 21, and drivers under 21 face zero tolerance for any measurable alcohol.

   Source: PDF page 31

   “The legal drinking age in West Virginia is 21 years old. West Virginia has a zero tolerance law for drivers under the age of 21”
   West Virginia Driver's Licensing Handbook, PDF page 31

3. If you are under 21 and any amount of alcohol is found in your system, you will lose your license.

   Source: PDF page 31

   “if you are under the age of 21 and any amount of alcohol is found in your system, you will lose your driver's license.”
   West Virginia Driver's Licensing Handbook, PDF page 31

4. A designated driver is the most reasonable, safe and practical way to avoid drinking and driving.

   Source: PDF page 31

   “Having a designated driver is the most reasonable, safe, and practical method to avoid drinking and driving and/or a DUI violation.”
   West Virginia Driver's Licensing Handbook, PDF page 31

5. Drinking more than 1 drink per hour builds up your BAC.

   Source: PDF page 31

   “When a person has more than one (1) drink per hour, the BAC level builds up in his or her body.”
   West Virginia Driver's Licensing Handbook, PDF page 31

6. A BAC above 0.05 and below 0.08 percent is evidence that your ability to drive is impaired.

   Source: PDF page 31

   “In West Virginia, a BAC of more than 0.05 percent and less than 0.08 percent is relevant evidence to presume that a person is driving while his or her ability to drive is impaired.”
   West Virginia Driver's Licensing Handbook, PDF page 31

7. At 0.08 percent or more you are presumed to be under the influence, and your license can be revoked even below 0.08.

   Source: PDF page 31

   “If a driver's BAC is 0.08 percent or more, they are presumed to be driving under the influence. Under West Virginia law, your driver's license can be revoked if your BAC is less than 0.08 percent.”
   West Virginia Driver's Licensing Handbook, PDF page 31

8. Drugs, even prescribed or over the counter, can cause drowsiness and loss of coordination.

   Source: PDF page 32

   “Using drugs, even if prescribed by a physician or bought over the counter, can cause drowsiness, loss of coordination, hallucinations or total body malfunctions.”
   West Virginia Driver's Licensing Handbook, PDF page 32

Numbers to know

3 questions from the West Virginia practice test

1. 1. What does West Virginia's zero tolerance rule mean for a driver under 21?

   1. Only a BAC of 0.08 percent or more matters
   2. Any measurable alcohol can cause the driver to lose the license
   3. The rule applies only when a crash occurs
   4. A driver under 21 may drink if accompanied by an adult
   Show answer

   Any measurable alcohol can cause the driver to lose the license. West Virginia's under-21 rule is stricter than the adult presumption discussed elsewhere in the handbook. If any measurable alcohol is found in the system of a driver under 21, the driver can lose the license. The 0.08 choice overlooks the zero tolerance standard, and adult supervision does not create an exception. The rule also does not wait for a collision. The safest operational cue is simple: an under-21 driver should have no measurable alcohol before driving, regardless of how the driver feels or how little was consumed.

2. 2. What BAC range is relevant evidence that a driver's ability to drive is impaired in West Virginia?

   1. More than 0.01 percent and less than 0.03 percent
   2. More than 0.05 percent and less than 0.08 percent
   3. Exactly 0.08 percent only
   4. More than 0.10 percent and less than 0.12 percent
   Show answer

   More than 0.05 percent and less than 0.08 percent. The handbook identifies a BAC above 0.05 percent and below 0.08 percent as relevant evidence for presuming impaired driving ability. The range is not limited to exactly 0.08, and it does not begin at 0.01. A BAC of 0.08 percent or more is addressed separately as a presumption of driving under the influence. Keep the two thresholds distinct: the lower range can support an impairment presumption, while 0.08 or more triggers the DUI presumption described in the same section. Do not treat the lower range as permission to drive.

3. 3. How does the handbook characterize a BAC greater than 0.05 percent but less than 0.08 percent?

   1. It is treated exactly like a BAC of 0.08 percent
   2. It is automatically harmless for an adult driver
   3. It is relevant evidence for presuming impaired driving
   4. It matters only for commercial license holders
   Show answer

   It is relevant evidence for presuming impaired driving. The intermediate BAC range is not described as harmless and is not identical to the 0.08 percent presumption. West Virginia treats a reading above 0.05 percent and below 0.08 percent as relevant evidence that may support a presumption that driving ability is impaired. The commercial-driver choice adds a restriction absent from this passage. A useful memory aid is to keep the two thresholds distinct: the lower range supplies evidence, while 0.08 percent or more triggers the stated presumption.

Source: the West Virginia Driver's Licensing Handbook, Chapter III: Driving Under The Influence. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.