West Virginia Minor in Possession Laws

Online Alcohol Class offers the most comprehensive underage consumption classes available in West Virginia. We offer Level 1 (8 hour), Level 2 (16 hour), and Level 3 (24 hour) web-based Minor in Possession and Minor in Consumption Classes.

Often students call us to inquire about the MIP laws in West Virginia. As a courtesy, we've compiled the laws from every U.S. state and listed them below.

Please note that the West Virginia minor in possession laws displayed below are meant to assist help you to understand your local West Virginia laws. While we have tried to show the most up-to-date version of West Virginia minor in possession laws, but we cannot guarantee its accuracy. This web page is not a substitute for legal advice from an attorney. It is in your best interest that you find an appropriate attorney for more information about West Virginia MIP laws.

West Virginia Minor In Possession Laws

West Virginia Underage Possession of Alcohol

Possession is prohibited with NO EXCEPTIONS.

West Virginia Underage Consumption of Alcohol

Consumption is prohibited with NO EXCEPTIONS.

West Virginia Internal Possession by Minors

Internal possession is not explicitly prohibited.

West Virginia Underage Purchase of Alcohol

Purchase is prohibited, but youth MAY PURCHASE for law enforcement purposes.

Furnishing Alcohol to Minors in West Virginia

Furnishing is prohibited WITH THE FOLLOWING EXCEPTION(S):

  • Parent/guardian
  • OR spouse

Notes: West Virginia's exception allows relatives by blood or marriage to furnish alcohol to minors.

Minimum Ages for On-Premises Servers and Bartenders in West Virginia

Beer: 18 for both servers and bartenders

Wine: 18 for both servers and bartenders

Spirits: 18 for both servers and bartenders

Condition(s) that must be met in order for an underage person to sell alcoholic beverages:

  • Manager/supervisor is present

Minimum Ages for Off-Premises Sellers of Alcohol in West Virginia

Beer: 18

Wine: 18

Spirits: 18

False Identification for Obtaining Alcohol in West Virginia

Provision(s) targeting minors:

  • Use of a false ID to obtain alcohol is a criminal offense
  • Penalty may include driver's license suspension through an administrative procedure

Provision(s) targeting retailers:

  • State provides incentives to retailers who use electronic scanners that read birthdate and other information digitally encoded on valid identification cards
  • Licenses for drivers under age 21 are easily distinguishable from those for drivers age 21 and older
  • General affirmative defense - the retailer came to a good faith or reasonable decision that the purchaser was 21 years or older; inspection of an identification card not required

Blood Alcohol Concentration (BAC) Limits and Underage Operators of Noncommercial Motor Vehicles in West Virginia

BAC limit: 0.02 - a BAC level above the limit is per se (conclusive) evidence of a violation.

Applies to drivers under age 21.

West Virginia Retail Sales: Keg Registration

Registration is not required.

West Virginia Underage Driving Privileges: Use/Lose

No use/lose law.

Prohibitions Against Hosting Underage Drinking Parties in West Virginia

No State-imposed liability for hosting underage drinking parties.

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