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Legislative Watch

West Virginia


5/9/08-A new law authorizes harsher penalties against drivers who get behind the wheel after drinking too much.
Gov. Joe Manchin recently signed a bill into law, previously SB535, that authorizes a new aggravated driving under the influence law for motorists with a blood alcohol content reading of at least 0.15 percent. The legal limit in West Virginia is 0.08 percent.
People found in violation of the aggravated driving rule would face jail terms between two days and six months.
Another provision allows first-time offenders who register a BAC lower than 0.15 to have their driving privileges reinstated in 15 days. Until now, violators only could have their licenses reinstated after 30 days.
The sole requirement for the quicker reinstatement is the installment of an interlock device. Violators with readings of at least 0.15 percent would be required to have the device installed.
Interlocks are hooked up to the ignition of vehicles. Once such a device is installed, a driver must blow into a mouthpiece, which measures the amount of alcohol on a person’s breath. If the driver blows clean, the car will then start; if not, it won’t budge.
In addition, the devices often require drivers to re-blow in the machine after a designated period of time, to ensure that they have not convinced someone else to blow into the mouthpiece for them, or that they haven’t been drinking since getting behind the wheel.
The new law also scraps the state’s mandatory, 24-hour jail terms for first-time offenders with BAC readings lower than 0.15.