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Prescription Drugs and DUI in West Virginia

Driving under the influence of prescription drugs are treated the same as driving under the influence of alcohol. The BAC level of 0.08% limit does not apply to controlled substances. “Controlled substance” has the meaning ascribed to it in VA Code §§60A-1-101 et seq. Controlled substance means a drug, substance or immediate precursor.

“Drug” means: (1) Substances recognized as drugs in the official “United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary”, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause (1), (2) or (3) of this subdivision. It does not include devices or their components, parts or accessories.

“Immediate precursor” means a substance which the “West Virginia Board of Pharmacy” (hereinafter in this act referred to as the State Board of Pharmacy) has found to be and by rule designates as being the principal compound commonly used or produced primarily for use and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

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