This bill amends sections 17A-2-20 and 17C-5-7a of the Code of West Virginia to clarify the legal representation required at refusal review hearings. It specifies that either the prosecuting attorney of the county or the legal representative of the municipality with jurisdiction must attend to all matters related to these hearings. Additionally, the bill clarifies that the Division of Motor Vehicles (DMV) does not hold the status of a party in any refusal review proceeding, ensuring that the DMV's role is limited to administrative functions rather than legal representation.

The bill also revises the process for handling refusal review hearings, including the conditions under which a court may find that a person refused to submit to a secondary chemical test. It establishes that the court must review evidence and testimony during the hearing and outlines the responsibilities of the prosecuting attorney or municipal representative in protecting the state's interests. Furthermore, it details the consequences of a refusal, including the revocation periods for a driver's license based on the number of previous refusals, and mandates that the commissioner of the DMV must forward a copy of any order related to the refusal to the individual involved.

Statutes affected:
Introduced Version: 17A-2-20, 17C-5-7a
Committee Substitute: 17A-2-20, 17C-5-7a