SB 861
Making WV State Police Forensic Laboratory responsible for certification and standards for DUI tests
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill changes how West Virginia handles driving under the influence (DUI) testing. It designates the West Virginia State Police Forensic Laboratory as the primary authority for certifying secondary chemical tests, setting standards for their administration, and approving preliminary breath analysis devices. The bill also eliminates the Bureau of Public Health’s rule-making power in this area, transferring it to the State Police. Additionally, the bill includes corrections to blood alcohol level calculations for juveniles, removes propoxyphene from tested substances, eliminates outdated urine collection procedures, allows trained phlebotomists to draw blood, and makes technical corrections to the existing law.
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 West Virginia State Police.
- Corrects blood alcohol level calculations for juveniles.
- Removes propoxyphene from the list of substances tested for in blood analysis.
- Eliminates outdated references to urine collection and analysis.
- Permits trained phlebotomists to draw blood.
- Makes technical corrections to relevant sections of the code.
Who is affected
- Drivers in West Virginia
- West Virginia State Police
- West Virginia State Police Forensic Laboratory
- Law enforcement officers
- Healthcare professionals (phlebotomists)
Notable changes
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