Shapiro, Lewis & Appleton
All We Do is Injury Law
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DUI in West Virginia is prosecuted using two standards of evidence -- common law and per se. Common law evidence for driving under the influence consists of proof that a person was physically or mentally unable to drive due to consuming alcohol or drugs. Acceptable common law evidence includes eyewitness accounts of the driver's driving pattern, results from a field sobriety test, descriptions of the driver's appearance and results from blood tests. Per se evidence of DUI is the breath or blood test BAC result by itself, and that result is not needed for a DUI or impaired driving conviction based on common law evidence.
Like Virginia and North Carolina, West Virginia allows people injured in a traffic accident caused a drunk or drugged driver to sue the at-fault driver for punitive damages. Such monetary awards, which family members of people killed in car, truck and motorcycle DUI or impaired driving accidents can also seek, are awarded over and above any compensation for the victim's medical treatment expenses, lost wages and pain and suffering.
