21. No person under the age of 21 may purchase or consume alcohol, even at home under parent supervision.
Where can you buy closed bottles of alcoholic beverages in West Virginia?
West Virginia no longer has “ABC” stores, like its neighbor, Virginia. In West Virginia, beer, wine, and hard liquor can all be bought in grocery stores. Monday-Saturday beer and wine can be sold from 7:00 am until 2:00 am and liquor can be sold from 8:00 am until 12:00 am. Bars/restaurants may serve alcohol until 3:00 am Monday-Saturday.
West Virginia is one of the few states that partake in certain alcohol control laws referred to as blue laws, which are common throughout the South. In West Virginia, this means the sale of hard liquor is prohibited on Sundays, even in bars and restaurants. Beer and wine sales are permitted but starting at 1:00 pm until 2:00 am. Starting this year, some counties may have changed their local blue laws. In 2016, the state permitted counties to hold local elections to change their Sunday sales of beer and wine from 1:00 pm to 10:00 am.
Prior to 2009, all beer sold in West Virginia could only contain between 0.5% ABV and 6% ABV. This effectively banned 2/3 of all beer produced around the world from being sold in The Mountain State. In 2009, the state legislature passed the “Craft Beer Bill,” which raised the ABV cap to 12% ABV.
Driving and Open Containers
In West Virginia, the driver and passenger of vehicles are prohibited from drinking while the car is in motion, though open containers are not against the law. For any person under the age of 21, the DUI BAC limit is .02. For persons over 21, it is the standard .08.
In West Virginia, a person may refuse to take a field sobriety test without punishment. However, a refusal to submit to a breathalyzer test can result in a license suspension of up to 1 year. A DUI conviction results in a license suspension of 6 months. Second and third offenses are suspensions of 1 year. A fourth DUI conviction is a felony and can result in jail time and hefty fines. Judges can also mandate blow-to-start (breathalyzer) car ignition devices as well as drug and alcohol addiction treatment programs.
If you get a DUI in West Virginia, it is in your best interest to hire an attorney, take a DUI class, or even attend an alcohol addiction treatment program. This could significantly help your case.