The bill amends various sections of the Code of West Virginia concerning driving under the influence (DUI) laws, primarily transferring the responsibility for the certification and administration of secondary chemical tests from the Bureau for Public Health to the West Virginia State Police Forensic Laboratory. It designates the Forensic Laboratory as the authority for approving preliminary breath analysis devices and mandates that all chemical analyses of blood or breath comply with the methods and standards established by the Laboratory. Additionally, the bill clarifies that results from tests for controlled substances will not be admissible in criminal prosecutions for possession.

Significant changes include adjusting the blood alcohol concentration thresholds for juveniles from .0002 to .02 percent, removing propoxyphene from the list of substances tested, and allowing trained phlebotomists to draw blood for testing. The bill also specifies that secondary blood tests cannot be conducted without a warrant unless written consent is provided, and it requires law enforcement officers to complete a minimum of six hours of training in recognizing impairment due to controlled substances. Furthermore, it updates the language regarding alcohol concentration measurements and modifies the fee structure for blood sample withdrawal, ensuring that fees are covered by the county or municipality based on the circumstances of the arrest and conviction. Overall, the bill aims to streamline DUI testing procedures and enhance enforcement of DUI laws in West Virginia.

Statutes affected:
Introduced Version: 17C-5-4, 17C-5-5, 17C-5-6, 17C-5-6a, 17C-5-8, 17C-5-10