The bill amends existing West Virginia law regarding drug and alcohol testing of motor vehicle operators involved in fatal crashes. It introduces a new section, designated as 17C-5B-1a, which mandates that law enforcement officers require surviving operators of vehicles involved in fatal accidents to undergo preliminary breath analysis and, if there is probable cause, a secondary blood or breath test to determine blood alcohol content or the presence of controlled substances. The bill specifies that blood tests can only be conducted by qualified medical professionals and grants civil and criminal immunity to those conducting the tests.

Additionally, the bill clarifies the reporting requirements for blood test results conducted under the existing law, ensuring that these results are reported to the chief medical examiner and the West Virginia State Police for statistical and highway safety purposes. The data compiled from these reports will be used to inform government and public efforts aimed at reducing motor vehicle crashes related to alcohol consumption. The law is set to take effect 90 days after passage, on June 12, 2026.

Statutes affected:
Introduced Version: 17C-4-1
Committee Substitute: 17C-5B-1a
Committee Substitute for the Committee Substitute: 17C-5B-1a
Engrossed Committee Substitute for the Committee Substitute: 17C-5B-1a
Enrolled Version: 17C-5B-1, 17C-5B-2, 17C-5B-1a