Bicycle DUI Laws in West Virginia
Last reviewed by BikeSize EditorialThis 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).
Statute
What this means in practice
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.
Ride sharp, ride legal
Run a 60-second pre-ride safety check
DUI, impairment, and distraction laws all assume you are riding a bike that is actually safe to ride. The M-check takes a minute and catches the things that get you hurt.
See the M-check guide