West Virginia Code Section 5-16-17 (2024)

Saturday, June 1, 2024

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-17. Preexisting conditions not covered; defined.

A preexisting condition is an injury, or sickness, or any condition relating to that injury, or sickness, for which a participant is diagnosed, receives treatment, or incurs expenses prior to the effective date of coverage.

For all participants enrolling in the plan after the effective date of this section, payment shall be made for expenses incurred for or in connection with a preexisting condition: Provided, That participants may enroll or make plan selections only at the time of hire, during annual open enrollment or upon the occurrence of a "qualifying event" under section 125 of the United States Internal Revenue Code.

West Virginia Code Section 5-16-17 (1) West Virginia Code Section 5-16-17 (2) West Virginia Code Section 5-16-17 (3)

West Virginia Code Section 5-16-17 (4)

West Virginia Code Section 5-16-17 (5)

1992 Regular Session

Senate Bill 536

1990 Third Special Session

Senate Bill 5

1988 Regular Session

House Bill 4222

1973 First Special Session

Senate Bill 56

1971 First Special Session

House Bill 115

West Virginia Code Section 5-16-17 (2024)

FAQs

Is reckless driving a misdemeanor in West Virginia? ›

(c) Every person convicted of reckless driving is guilty of a misdemeanor and, upon a first conviction thereof, shall be confined in jail for a period of not less than five days nor more than ninety days, or fined not less than $25 nor more than $500, or both, and upon conviction of a second or subsequent conviction ...

What is the DUI deferral code in West Virginia? ›

According to the DUI Code 17C-5-2 in West Virginia, the eligibility for DUI Deferral Program is as follows: The citizen needs to drive in an intoxicated condition or driving under the influence when driving for the first time. The alleged blood alcohol concentration level must be under .

What is the WV state code for DUI? ›

Driving under influence of alcohol, controlled substances, or drugs; penalties. (E) Has an alcohol concentration in his or her blood of eight hundredths of one percent or more, by weight. (2) "Bodily injury" means injury that causes substantial physical pain, illness, or any impairment of physical condition.

Is WV doing away with inspection stickers? ›

Gov. Jim Justice signed HB 2310 into law in March 2023. The change allows drivers to get their vehicles inspected every two years. As part of the new law, the maximum inspection sticker fee has been increased to $19, which covers the two-year period.

Is there a grace period for inspection stickers in WV? ›

It is illegal to drive a vehicle without a valid inspection sticker. New residents have 10 days from the date they title a vehicle to have a West Virginia inspection. This also includes the purchase of vehicles out of state.

How many points is reckless driving in WV? ›

In West Virginia, traffic violations carry a point value depending on the severity of the offense; for example, fleeing a police officer is 8 points, whereas hit and run/leaving the scene, speeding in a school zone, and reckless driving all carry 6 points.

How many points does it take to lose your license in WV? ›

Accumulating 12 points in 2 years will result in a license suspension in West Virginia. Drivers might also be classified as high-risk to insure and be required to file an SR-22.

Does a DUI go away in WV? ›

The duration for which a DUI drug conviction stays on your record in Clarksburg, WV, depends on various factors. In general, criminal convictions, including DUIs, can remain on your record indefinitely unless expunged or sealed through legal proceedings.

Is jail time mandatory for 2nd DUI in WV? ›

West Virginia's Second-Offense DUI Penalties—Misdemeanor

For a second DUI in 10 years, the driver generally faces: six months to one year in jail.

How do I get my license back after a DUI in WV? ›

The Safety and Treatment Program requires revoked DUI offenders participate in DUI education and treatment prior to license reinstatement. All DUI offenders must complete an educational component and a substance abuse evaluation/​assessment in order to have their license reinstated.

What state is number 1 for DUI? ›

1. Montana. Montana ranks as the worst state for drunk driving, with 8.57 drunk drivers involved in fatal crashes for every 100,000 licensed drivers, and 7.14 people killed in crashes involving a drunk driver for every 100,000 state residents. Both rates are the highest in the nation.

What is the strictest state for DUI? ›

The Toughest States on Drunk Drivers

Arizona and Alaska, both Republican states, are known to have significantly stricter penalties for drunk drivers than other states. They're followed by Connecticut (a Democratic state), West Virginia, Kansas, Nebraska, and Utah (all Republican), and Virginia (Democratic).

Is DUI a felony in WV? ›

While the legal limit for BAC in West Virginia is typically 0.08%, exceeding this limit significantly can lead to harsher penalties. In West Virginia, if a driver's BAC is measured at 0.15% or higher, the DUI charge can be escalated to a felony.

Can you be stopped for an expired inspection sticker in Virginia? ›

No law-enforcement officer shall stop a motor vehicle due to an expired vehicle inspection sticker until the first day of the fourth month after the original expiration date.

What happens if your car fails inspection in WV? ›

You are now good for another year. Your new sticker will include the date for your next inspection. Failing: You'll receive a rejection sticker and need to get your vehicle repaired and re-inspected within 5 days.

What vehicles are exempt from inspection in WV? ›

You will receive a sticker at your initial inspection with the date of your next inspection. If you own a house trailer, special vehicles (Class “S” vehicles), trailers weighing under 2,000 pounds, or an antique vehicle, you are exempt from annual inspections.

Can you get a WV inspection sticker online? ›

Here's how it works

Send wv inspection sticker via email, link, or fax. You can also download it, export it or print it out. Draw your signature, type it, upload its image, or use your mobile device as a signature pad.

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