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Calling For An Overdose

W. Va. Code § 16-47-4 — a timely, good faith call, staying with the person, and no possession or underage drinking charge

In good faith, in time. A person who in good faith and in a timely manner seeks emergency medical help for someone who reasonably appears to be overdosing may not be held criminally responsible for possessing a controlled substance, or for underage drinking and public drinking offenses.

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  • Stays with the person until help is provided.
  • Gives their name if emergency personnel or officers ask.
  • Cooperates and gives the information needed to treat the person.

Those are the conditions for the immunity. Where it does not apply, seeking help may be considered as a mitigating factor at sentencing.

The immunity does not reach selling or serving alcohol to someone under twenty-one. A particular case is a question for a licensed West Virginia attorney.

Sources for this section (1)
  1. W. Va. Code § 16-47-4 — Limited immunity from prosecution

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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Walked through

This section is the long version of a step in 2 walkthroughs. Each one takes the same law one decision at a time, with both sides of the moment written out.