The bill amends various sections of the West Virginia Code concerning driving under the influence (DUI) laws, particularly focusing on the administration and certification of chemical tests for alcohol and controlled substances. It designates the West Virginia State Police Forensic Laboratory as the certifying authority for secondary chemical tests and the approval of preliminary breath analysis devices, while eliminating the Bureau of Public Health's rule-making authority in this area. The legislation also corrects blood alcohol levels for juveniles, removes propoxyphene from the list of substances tested in blood analyses, and eliminates outdated references to urine collection and analysis. Additionally, it allows trained phlebotomists to draw blood for testing and specifies that secondary blood tests cannot be conducted without a warrant unless written consent is provided.

The bill outlines the procedures and standards for conducting chemical analyses of blood or breath to determine alcohol or controlled substance content, mandating that these analyses be performed according to methods approved by the West Virginia State Police Forensic Laboratory. It requires the laboratory to review these standards biennially to ensure reliability and ease of administration. Blood samples for alcohol content must be taken within two hours of arrest, while samples for controlled substances must be taken within four hours. Furthermore, the results of tests for controlled substances will not be admissible as evidence in criminal prosecutions for possession, and a fee structure for withdrawing blood samples at law enforcement's request is established, with costs directed into the respective General Fund if the individual is convicted.

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