Penalties for Operating Under the Influence

West Virginia law establishes these penalties for operating under the influence.

• Upon a first conviction, the operator may be imprisoned for up to 6 months and fined up to $500.
• If the operator is less than 21 years of age and has an alcohol concentration in his or her blood of 0.02% or more but less than 0.08% by weight, the operator is guilty of a misdemeanor.
• If the operator has a person less than the age of 16 years old on board, the operator is guilty of a misdemeanor.
• If the operator recklessly causes the death of someone, upon conviction the operator will be imprisoned for 1–10 years and fined $1,000–$3,000.

It is illegal to knowingly permit your motorized vessel to be operated by someone who is under the influence.