HB 5406
Relating to driving under the influence
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia’s laws regarding driving under the influence (DUI). It designates the West Virginia State Police Forensic Laboratory as the certifying entity for secondary chemical tests, including methods and devices. The bill eliminates the Bureau of Public Health’s rule-making authority and transfers it to the State Police. It also addresses corrections to blood alcohol levels for juveniles, removes propoxyphene from tested substances, eliminates outdated urine collection procedures, permits trained phlebotomists to draw blood, and makes technical corrections to the DUI statutes.
Key provisions
- Designates the West Virginia State Police Forensic Laboratory as the certifying entity for secondary chemical tests.
- Transfers rule-making authority from the Bureau of Public Health to the State Police.
- Corrects blood alcohol level definitions for juveniles.
- Removes propoxyphene from the list of substances tested for in a chemical analysis of blood.
- Eliminates outdated references to urine collection and analysis.
- Permits trained phlebotomists to draw blood.
- Makes technical corrections to the DUI statutes.
- Clarifies the process for administering preliminary breath tests.
Who is affected
- Drivers in West Virginia
- Law enforcement officers
- The West Virginia State Police Forensic Laboratory
- The Bureau of Public Health
- Individuals suspected of DUI offenses
Notable changes
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