WV Code § 29-2A-11 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-11. Operation of Aircraft While Under Influence of Alcohol, Controlled Substances or Drugs; Criminal Penalties

(a) Any person who:(1) Operates an aircraft in this state while:(A) He or she is under the influence of alcohol; or(B) He or she is under the influence of any controlled substance; or(C) He or she is under the influence of any other drug; or(D) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or(E) He or she has an alcohol concentration in his or her blood of four hundredths of one percent or more, by weight; and(2) When so operating an aircraft does any act forbidden by law or fails to perform any duty imposed by law in the operation of such aircraft, which act or failure proximately causes bodily injury to any person other than himself or herself, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for a definite term of imprisonment of not less than one year nor more than five years, or in the discretion of the court, be confined in jail not more than one year and be fined not more than $500.(b) Any person who:(1) Operates an aircraft in this state while:(A) He or she is under the influence of alcohol; or(B) He or she is under the influence of any controlled substance; or(C) He or she is under the influence of any other drug; or(D) He or she is under the combined influence of alcohol and any controlled substance or any other drug; or(E) He or she has an alcohol concentration in his or her blood of four hundredths of one percent or more, by weight;(2) Is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than one year or fined not more than $500, or both, in the discretion of the court.(c) Any person who:(1) Knowingly permits his or her aircraft to be operated in this state by any other person who is:(A) Under the influence of alcohol; or(B) Under the influence of any controlled substance; or(C) Under the influence of any other drug; or(D) Under the combined influence of alcohol and any controlled substance or any other drug; or(E) Has an alcohol concentration in his or her blood of four hundredths of one percent or more, by weight;(2) Is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than one year or fined not more than $500, or both, in the discretion of the court.(d) A person violating any provision of subsection (a) of this section is, for the second offense under this section, guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for a definite term of imprisonment of not less than one year nor more than five years.(e) A person violating any provision of subsection (b) or (c) of this section is, for the second offense under this section, guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary for a definite term of imprisonment of not less than one year nor more than three years.(f) For purposes of subsections (d) and (e) of this section relating to second and subsequent offenses, the following types of convictions shall be regarded as convictions under this section:(1) Any conviction under the provisions of the prior enactment of this section;(2) Any conviction under a statute of the United States or of any other state of an offense which has the same elements as an offense described in subsection (a), (b) or (c) of this section.(g) A person may be charged in a warrant or indictment or information for a second or subsequent offense under this section if the person has been previously arrested for or charged with a violation of this section which is alleged to have occurred within the applicable time periods for prior offenses, notwithstanding the fact that there has not been a final adjudication of the charges for the alleged previous offense. In such case, the warrant or indictment or information must set forth the date, location and particulars of the previous offense or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for the previous offense has become final.(h) The fact that any person charged with a violation of subsection (a) or (b) of this section, or any person permitted to operate an aircraft as described under subsection (c) of this section, is or has been legally entitled to use alcohol, a controlled substance or a drug shall not constitute a defense against any charge of violating subsection (a), (b) or (c) of this section.(i) For purposes of this section, the term "controlled substance" shall have the meaning ascribed to it in chapter sixty-a of this code.(j) When any person is convicted of violating any provision of this section, the clerk of the court in which such conviction is had shall, within seventy-two hours after receipt thereof, transmit a true copy thereof to the federal aviation administration.