This guide is for general information only and is not legal advice. Laws change — verify current rules with your state DOT or a licensed attorney before relying on this for any legal matter. Read full disclaimer.
The rule
In West Virginia, the DUI statute does not apply to bicyclists — it covers motor-vehicle operators only. West Virginia's DUI statute (WV Code § 17C-5-2) applies to anyone who drives a 'vehicle' under the influence, but the general vehicle definition in WV Code § 17C-1-2 excludes devices moved exclusively by human power. As a result, the standard DUI statute does not reach bicycle riders. An impaired cyclist who endangers others may instead face charges under reckless-operation or public-intoxication statutes. See WV Code § 17C-5-2 (Driving under the influence of alcohol, controlled substances, or drugs).
A DUI charge isn't on the table for cyclists in West Virginia, but that's not a license to ride drunk — public-intoxication, reckless-conduct, and disorderly-conduct charges can still apply, and cycling impaired dramatically raises crash risk.