West Virginia legislation · 2026 Regular Session
West Virginia HB5406: Relating to driving under the influence
Status: Signed into law, March 27, 2026
What the bill says
An act to amend and reenact §17C-5-4, §17C-5-5, §17C-5-6, §17C-5-6a, §17C-5-8, and §17C-5-10 of the Code of West Virginia, 1931, as amended, relating to driving under the influence; making the West Virginia State Police Forensic Laboratory the certifying entity for secondary chemical tests, method and administration of secondary chemical tests, and approval of preliminary breath analysis devices and use; eliminating rule-making authority of the Bureau of Public Health; providing rule-making authority for the State Police; correcting blood alcohol levels related to juveniles; removing propoxyph.
From the enrolled text, March 12, 2026:
AN ACT to amend and reenact §17C-5-4, §17C-5-5, §17C-5-6, §17C-5-6a, §17C-5-8, and §17C-5-10 of the Code of West Virginia, 1931, as amended, relating to driving under the influence; making the West Virginia State Police Forensic Laboratory the certifying entity for secondary chemical tests, method and administration of secondary chemical tests, and approval of preliminary breath analysis devices and use; eliminating rule-making authority of the Bureau of Public Health; providing rule-making authority for the State Police; correcting blood alcohol levels related to juveniles; removing propoxyphene from the list of substances tested for in a chemical analysis of blood; eliminating outdated references to urine collection and analysis; permitting those trained in phlebotomy to draw blood; and making technical corrections. ARTICLE 5. SERIOUS TRAFFIC OFFENSES. §17C-5-4. Implied consent to test; administration at direction of law‐enforcement officer; designation of type of test; definition of "law‐enforcement officer". (a) Any person who drives a motor vehicle in this state is considered to have given his or her consent by the operation of the motor vehicle to a preliminary breath analysis and a secondary chemical test of either his or her blood or breath to determine the alcohol concentration in his or her blood, or the concentration in the person's body of a controlled substance, drug, or any combination thereof. (b) A preliminary breath analysis may be …