This bill amends various sections of the Code of West Virginia concerning driving under the influence (DUI) laws, primarily by designating the West Virginia State Police Forensic Laboratory as the certifying authority for secondary chemical tests and the approval of preliminary breath analysis devices. It removes the rule-making authority from the Bureau of Public Health and updates the blood alcohol concentration threshold for juveniles from .0002 to .02 percent. Additionally, the bill eliminates propoxyphene from the list of substances tested in blood analyses and outdated references to urine testing, while allowing trained phlebotomists to draw blood for testing.

The legislation also outlines the administration of preliminary breath analyses and secondary chemical tests, requiring law enforcement officers to be properly trained for these procedures. It specifies that a secondary blood test cannot be conducted without a warrant unless the individual provides written consent. Furthermore, if a child is taken into custody for DUI, they may be tested for blood alcohol content, and the results will inform the officer's subsequent actions. The bill ensures that refusing a blood test will not lead to the revocation of a child's driving license and clarifies the rights of individuals during the testing process. Overall, the bill aims to streamline and clarify the procedures related to chemical testing for alcohol and drug influence 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