West Virginia Alcohol Laws: Can 18-Year-Olds Purchase Alcohol?

West Virginia's alcohol laws are more complex than they first appear, owing to a provision of the state constitution and work-arounds of its terms. The state permits adults of any age to be alcohol servers, bartenders, and sellers of alcohol for off-site consumption. This means that anyone aged 18 or older may work in these roles. However, the sale of alcohol to anyone under the age of 21 is prohibited, and there are stiff penalties for doing so. So, while an 18-year-old can sell alcohol in West Virginia, they cannot purchase or consume it themselves.

Serving alcohol

In West Virginia, the alcohol laws permit anyone aged 18 or older to serve alcohol. A minor aged 16 or 17 may also work in licensed establishments, but they may not sell or deliver alcohol or non-intoxicating beer.

The state's alcohol laws are more complex on paper than in actual practice, owing to a provision of the state constitution and "work-arounds" of its terms. The state constitution, Article VI, Section 46, passed to repeal prohibition in 1934, prohibits the consumption of "intoxicating liquors" in a "saloon or other public place". However, the state worked around this by redefining standard beer as "non-intoxicating beer", thus permitting its sale in bars and restaurants. All beer vendors to this day are legally selling "non-intoxicating beer".

In West Virginia, it is a crime to use a false ID to buy alcohol. The penalty for a first offense of driving under the influence (DUI) is a driver's license suspension for six months. For any DUI conviction, judges can mandate the installation of an ignition interlock system on the offender's vehicle. It is also illegal to operate any motorized boat or personal watercraft under the influence.

In Virginia, the law is slightly different. While there is no legal requirement to check ID when selling alcohol, it is recommended to verify a customer's age by requesting proper ID. Virginia law states that a customer must be at least 21 years old to purchase alcohol. Additionally, while there is no law prohibiting a person under 21 from sitting at a bar, a licensee may establish its own in-house policy prohibiting it. In terms of employment, although bartenders are generally required to be at least 21 years old, a person who is at least 18 years old may sell or serve beer or wine for on-premises consumption in an establishment that exclusively sells beer or wine.

Drinking laws

Technically, public bars and saloons are still illegal in the state, but this is "worked around" by a system of private clubs, which are not considered "public places". These "clubs" are required to post a registry number beginning with "ABCC" over their doors.

Beer has been available in general, privately-owned retail stores since 1934. Wine was transferred from state-owned "ABC Stores" to private sale in 1981. In 1990, the state withdrew from the retail liquor business, auctioning off permits to private businesses, who operate as "agents of the state".

In 1937, the state redefined standard beer as "non-intoxicating beer", allowing its sale in bars and restaurants. All beer vendors to this day are legally selling "non-intoxicating beer".

In 2009, the definition of "non-intoxicating beer" was changed to all malt-based beverages between 0.5% and 12% ABV.

In West Virginia, it is illegal for anyone under the age of 21 to purchase, consume, sell, serve or possess alcoholic liquor. The penalty for a first offence is a fine of up to $500 and/or up to three days in jail. It is also a crime to use a false ID to buy alcohol, with a penalty of up to $100 and/or three days in jail.

In Virginia, it is also illegal for anyone under 21 to purchase, consume, sell, serve or possess alcohol. The penalty for a first offence is a fine of $500 and/or 50 hours of community service.

In both states, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. For those under 21, the limit is 0.02%.

Selling alcohol

In West Virginia, the alcohol laws regarding selling are relatively straightforward. There is no minimum age for selling alcohol, and anyone aged 18 or older may work as a bartender, server, or seller of alcohol for off-site consumption. Minors aged 16 or 17 can also work in licensed establishments, but they are not permitted to sell or deliver alcohol or non-intoxicating beer.

The state's alcohol laws primarily focus on prohibiting the consumption of "intoxicating liquors" in "saloons or other public places." Beer has been available in general retail stores since 1934, and wine was transferred from state-owned to private sales in 1981. Before 1990, liquor was only sold in state-owned stores, but the state withdrew from the retail liquor business and auctioned permits to private businesses, who now operate as "agents of the state."

It is important to note that providing alcohol to anyone under 21 is a severe offense, punishable by 30 to 180 days in jail and/or a fine of up to $500. The penalty for providing non-intoxicating beer to a minor is less severe, with a fine of up to $100 and/or up to 10 days in jail.

Additionally, driving under the influence (DUI) is strictly prohibited, with penalties including license suspension, ignition interlock system installation, and alcohol education courses. The blood alcohol concentration (BAC) limit is 0.08 for drivers 21 and older, and 0.02 for those under 21.

Purchasing alcohol

In West Virginia, it is illegal for anyone under the age of 21 to purchase, consume, sell, serve or possess alcoholic liquor. The penalty for a first offence is a fine of up to $500, imprisonment for up to 72 hours, or both. Alternatively, the guilty party may be placed on probation for up to a year instead of facing fines or imprisonment.

It is also a crime to use a false ID to buy alcohol, with a punishment of up to a $100 fine and/or three days in jail. However, there are two exceptions to the law prohibiting the possession of alcohol by those under 21: when a person under 21 is making a delivery of alcoholic beverages in pursuance of their employment or an order from their parent, or when a law-enforcement officer needs to possess alcohol in the performance of their duties.

Despite the law, 18-year-olds are allowed to work as bartenders and sell alcohol for off-site consumption. Minors aged 16 or 17 may also work in licensed establishments, but they are not allowed to sell or deliver alcohol.

In West Virginia, beer has been available in general, privately-owned retail stores since 1934, and wine has been available in private sales since 1981. Prior to 1990, liquor was only sold in state-owned stores, but the state withdrew from the retail liquor business that year and auctioned off permits to private businesses.

In 2009, the definition of "non-intoxicating beer" was changed to all malt-based beverages between 0.5% and 12% ABV, allowing the purchase of many world-class beers that were previously banned in the state.

DUI laws

In West Virginia, it is illegal to operate any motorized boat or vehicle under the influence of alcohol and/or drugs. The DUI laws in West Virginia have changed considerably over the years, and more changes are expected.

The basic first-offence DUI charge in West Virginia is a DUI with a BAC of 0.08% to 0.149%. If convicted, there is a possibility of up to six months in jail and a fine of $100 to $500. Jail time is not mandatory and is left to the discretion of the sentencing court, although many courts do still impose a jail penalty. There is also a potential administrative license suspension of 90 days, minimum, and ongoing until mandatory DUI classes are completed.

The administrative license suspension can be further reduced to 15 days if the driver enrolls in the ignition interlock program and participates for 120 days, after which they must show proof of completion to the court. Once this is done, the DUI is dismissed. Twelve months later, the driver may petition the court for expungement of the DUI arrest records, although the DMV suspension records may not be expunged.

For a second or third DUI offence, there is a mandatory license suspension of one year. A fourth conviction is a felony. Drivers who have been convicted of a DUI on more than one occasion within the last 10 years prior to the date of the current arrest can be charged with a third or subsequent offence DUI, which is a felony in West Virginia. If convicted, the sentence is one to three years in prison and a discretionary fine of $3,000 to $5,000. There is also an administrative license suspension of one year, followed by three years of mandatory participation in the ignition interlock program.

Aggravated DUI, which is a BAC of 0.15% or greater, also applies to first-offence DUI arrests. If convicted, the mandatory sentence is a minimum of 48 hours (of which 24 must be served in jail) and up to six months in jail, as well as a fine of $200 to $1,000.

Refusing to take a secondary chemical test (the test back at the police station) is not a criminal offence in West Virginia, and there are no jail or monetary fines connected to refusing the test. However, if a driver is proven to have knowingly refused to submit to the test, there is an additional administrative license suspension penalty, which is imposed on top of any potential underlying DUI suspension.

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