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West Virginia driving lesson · Alcohol, Drugs, and Fatigue

Implied consent and other drugs

A 3-minute lesson from the West Virginia course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

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Read time
3 minutes
Course unit
Alcohol, Drugs, and Fatigue
Checkpoint questions
6
Source pages
9, 10, 32

By driving in West Virginia you have already agreed to a chemical test if you're arrested for DUI. Refusing doesn't help: it costs you your license for at least a year. Drugs, even legal ones, can impair you just like alcohol.

Driving Under the Influence (DUI)

Driving any motor vehicle while under the influence of alcohol, drugs, or controlled substances.

Handbook p. 9 ↗

Implied Consent Law

Each licensed WV driver agrees to take a chemical test if charged with driving under the influence.

Handbook p. 10 ↗

Know the rule

If you are arrested for DUI, you are deemed to have consented to the designated Breathalyzer test for alcohol content.

Handbook p. 32 ↗
1 year to life

License revocation for refusing the Breathalyzer after a DUI arrest

Handbook p. 32 ↗

Know the rule

Many people wrongly believe implied consent means a fine or jail just for alcohol on the breath. The law actually protects drivers who haven't been drinking, because the test gives a medically accepted measure.

Handbook p. 32 ↗

Know the rule

The law also protects the public by arresting intoxicated drivers who refuse testing, so they can't escape punishment.

Handbook p. 32 ↗

Drugs, even prescribed or over-the-counter, can cause:

  • Drowsiness
  • Loss of coordination
  • Hallucinations
  • Total body malfunctions
Handbook p. 32 ↗

Know the rule

Driving while using drugs is very dangerous, with effects like those of drinking, and alcohol plus drugs can be a deadly combination.

Handbook p. 32 ↗

Put it into practice

After a DUI arrest, an officer asks you to take the Breathalyzer. If you refuse, your privilege to drive is revoked for at least one year and possibly for life, regardless of how the DUI charge turns out.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

Under WV's Implied Consent Law, what happens if you refuse to take the Breathalyzer test after a DUI arrest?
  1. You automatically go to jail for 90 days
  2. Revoked at least one year, up to life
  3. Nothing happens if you were not actually drunk
  4. You are fined $500 but keep your license

Answer: Revoked at least one year, up to life

Refusing the chemical test results in revocation for a minimum of one year and up to life.

Handbook p. 32 ↗
What does West Virginia's Implied Consent Law mean for a licensed driver?
  1. You agree never to drink before driving
  2. You pre-consent to a DUI chemical test
  3. You consent to random breath tests at any time
  4. You waive your right to a lawyer if arrested

Answer: You pre-consent to a DUI chemical test

By driving in WV, you are deemed to consent to a chemical test if charged with DUI.

Handbook p. 10 ↗
What is the purpose of West Virginia's Implied Consent Law, according to the handbook?
  1. To protect sober drivers via objective testing
  2. To automatically convict anyone who is stopped by police
  3. To allow police to search a vehicle without cause
  4. To replace the need for a DUI trial

Answer: To protect sober drivers via objective testing

The law is designed to protect sober drivers through an objective, medically accepted alcohol measurement.

Handbook p. 32 ↗
Refusing a chemical test after a DUI arrest takes away your privilege to drive for at least one year.
  1. True
  2. False

Answer: True

Refusal results in loss of the driving privilege for at least one year, and p.32 says it can last up to life.

Handbook p. 10 ↗
What can driving while using drugs cause, even ones that are over-the-counter or prescribed?
  1. Problems only when mixed with alcohol
  2. No effect if taken as directed
  3. Problems with prescription drugs only
  4. Drowsiness, loss of coordination, or hallucinations

Answer: Drowsiness, loss of coordination, or hallucinations

Even legal drugs can cause drowsiness, loss of coordination, hallucinations, or body malfunctions while driving.

Handbook p. 32 ↗
What does the Implied Consent Law require you to submit to if arrested for DUI?
  1. A field sobriety test only
  2. A designated Breathalyzer or chemical test
  3. A blood test only, never a breath test
  4. A urine test only

Answer: A designated Breathalyzer or chemical test

Implied Consent means you agree to take the designated chemical test to measure alcohol content.

Handbook p. 32 ↗
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