What is the legal definition of “intoxication”?

In West Virginia, the legal definition of intoxication is when a person has a blood alcohol concentration (BAC) level of 0.08 percent or more while operating a motor vehicle or vessel. This means that a person’s body is affected by the alcohol to the extent that their ability to think and act clearly is impaired. Along with this, they also may exhibit signs of ataxia, such as difficulty walking and speaking correctly. This legal definition of intoxication can also be applied to cases involving Liquor Liability Law. This law holds property and business owners who serve alcohol legally responsible when people under the influence cause harm, injury, or death. If the person is found to be intoxicated at the time of the incident, then the business or property owner could be held liable in a court of law.

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