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Editorials & Opinions
OK, you’ve been doing it for years. Riding all day with friends then stopping at your favorite watering hole for a couple cold ones before heading home. So far you’ve never had a problem … my question to you is, WHAT IF:
A dear runs out in front of you on your way home, or someone pulls out in front of you violating your right of way and you go down. It’s not your fault! Hell even IF its just an accident, just one of those things that happens. If an ambulance is called to the scene- the police are called as well and if they suspect you’ve been drinking they WILL TEST YOU!
The legal B.A.C. (Blood Alcohol Content) in West Virginia was lowered from .10% to .08% in 2004. West Virginia law enforcement has a zero tolerance policy when dealing with alcohol related offenses.
West Virginia DWI law is similar to that of many other states, in that a West Virginia DWI arrest triggers two separate and unrelated cases. West Virginia DWI laws first provide for a criminal court case, where DUI punishment includes jail, fines, educational programs, the possibility of an ignition interlock being required, driver’s license suspension, and more.
West Virginia DUI law also give rise to a second case: a Division of Motor Vehicles case, where your West Virginia driving privileges are at stake. This West Virginia DUI DMV action is separate and apart from the West Virginia DUI criminal court action.
West Virginia DWI cases are prosecuted on one of two theories, either "common-law" or "per se". West Virginia DWI prosecution of the traditional "common-law" DWI is where the government attempts to show that the driver was impaired either physically or mentally as the result of consuming alcohol or drugs. This impairment is typically demonstrated by the arresting officer’s testimony concerning the driving pattern, field sobriety tests, the driver’s appearance, and performance on chemical tests. Although chemical testing may be relevant to the issue of impairment, it is not necessary to support a West Virginia DWI conviction. Impairment can be demonstrated circumstantially through other means, and is not dependent on DWI chemical test results.
West Virginia DUI cases predicated on the per se charges take the opposite view. These DUI prosecutions are based only on the chemical test results, and do not care about impairment at all. The only inquiry for a per se charge is whether or not the accused DUI driver was above the legal limit of . 08% at the time of driving.
West Virginia DUI Conviction – First Offense
Minimum: 24 hours.
Maximum: 6 months.
Fine: $100 to $500, plus court costs/surcharges.
West Virginia DUI Conviction – Second Offense
Minimum: 6 months.
Maximum: 1 year.
Fine: $1,000 to $3,000, plus court costs/surcharges.
West Virginia DUI Conviction – Third Offense
Minimum: 1 year.
Maximum: 3 years.
Fine: $3,000 to $5,000, plus court costs/surcharges.
Why am I throwing this out?? I have lost some very dear friends in the past because of their stupidity while riding, although alcohol was not a factor with them. There are too many events where riders are drinking and riding home. I don’t want to lose any more friends!
The public won’t care that a biker died or that it wasn’t his or her fault!
All they’ll know or remember is that it was a drunken biker!
I’m not getting directing this to anyone. I am merely voicing my opinion and providing some basic facts for you to review about the consequences of drinking and riding.
If ANYONE EVER needs a ride from ANYWHERE, PLEASE call me or call a cab! DAY or NIGHT ANYTIME! I DON'T CARE!
I'd rather get a call asking for a ride then a call letting me know something terrible has happened!
Kirk Clark, State Executive Vice President
ABATE of West Virginia, Inc.
MRF- Assistant State Representative
AMA # 772852
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