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Page 1 of 3 AARP Driver Safety Smart Driver™ Course State-Specific Information D20726 – March 2026NEW WEST VIRGINIA SMART DRIVER™ COURSE STATE-SPECIFIC INFORMATION: WEST VIRGINIA UNIT 2 – How Do We Navigate Changes? Driving While Impaired - Participant Guidebook Page 14 • Drivers will be automatically considered under the influence if they have a BAC of .08 or more. However, you can still be convicted of a DUI if your BAC is below this level, if there is sufficient evidence that your driving was impaired. • Officers may conduct a preliminary roadside analysis of a driver's breath prior to arrest if they have reason to believe that the driver is intoxicated. • Drivers consent to chemical tests of their blood or breath if arrested for driving under the influence when they operate a motor vehicle. Refusing a test can result in a license suspension. • Drivers will be required to install an ignition interlock device if convicted of multiple DUIs or following a first offense if they had a BAC above .15 UNIT 3 – Are We Ready to Drive? Child Safety Seats - Participant Guidebook Page 37 • Children who are under the age of 8 and are less than 4 feet 9 inches tall must be restrained in the appropriate child safety seat. Construction Signs and Construction Zones - Participant Guidebook Page 49 • Drivers must follow a flagger's directions. • Fines are raised in a construction zone. Railroad Grade Crossings - Participant Guidebook Page 56 • It is illegal to drive around a railroad crossing gate, even if there is no train. • Drivers must stop at least 15 feet from the tracks, but no more than 50 feet away. • It is illegal to pass another vehicle within 100 feet of a railroad crossing. • It is illegal to park within 50 feet of a railroad crossing. UNIT 4 – Are We Smart on the Road? How to Avoid Distractions - Participant Guidebook Page 61 • It is illegal to use a cell phone while driving unless it is with a hands-free device. • Drivers under the age of 18 with a learner's permit or intermediate license may not use cell phones while driving.