SB499 is a bill in the West Virginia Legislature (2026 Regular Session): Requiring auto accident toxicology test be performed.

What is the status of SB499?

Signed into law as of March 27, 2026. Latest action: Chapter 234, Acts, Regular Session, 2026 (June 25, 2026).

Helton, Brian (R, 09), with 6 co-sponsors.

Where is the official record for SB499?

On the West Virginia Legislature website: https://www.wvlegislature.gov/bill_status/Bills_history.cfm?input=499&year=2026&sessiontype=RS&btype=bill

West Virginia legislation · 2026 Regular Session

West Virginia SB499: Requiring auto accident toxicology test be performed

Q: What does SB499 do?

In its own words: To amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §17C-5B-1a, relating to requiring blood, breath, or urine test to be performed on surviving operators after a fatal motor vehicle accident crash under certain circumstances; and providing for civil and criminal immunity for persons conducting the testing. ARTICLE 5B. POSTMORTEM TESTS FOR ALCOHOL IN PERSONS KILLED IN MOTOR VEHICLE ACCIDENTS. Drug and Alcohol Testing following FATAL Motor VEHicLE Accidents. §17C-5B-1a. Drug and alcohol testing of surviving motor vehicle operator where fatality involv.

Status: Signed into law, March 27, 2026

What the bill says

To amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §17C-5B-1a, relating to requiring blood, breath, or urine test to be performed on surviving operators after a fatal motor vehicle accident crash under certain circumstances; and providing for civil and criminal immunity for persons conducting the testing. ARTICLE 5B. POSTMORTEM TESTS FOR ALCOHOL IN PERSONS KILLED IN MOTOR VEHICLE ACCIDENTS. Drug and Alcohol Testing following FATAL Motor VEHicLE Accidents. §17C-5B-1a. Drug and alcohol testing of surviving motor vehicle operator where fatality involv.

From the engrossed text, March 2, 2026:

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §17C-5B-1a, relating to requiring blood, breath, or urine test to be performed on surviving operators after a fatal motor vehicle accident crash under certain circumstances; and providing for civil and criminal immunity for persons conducting the testing. ARTICLE 5B. POSTMORTEM TESTS FOR ALCOHOL IN PERSONS KILLED IN MOTOR VEHICLE ACCIDENTS. Drug and Alcohol Testing following FATAL Motor VEHicLE Accidents. §17C-5B-1a. Drug and alcohol testing of surviving motor vehicle operator where fatality involved. (a) A blood, breath, or urine sample or the results of blood, breath, or urine testing shall be obtained from any surviving operator of a motor vehicle involved in an accident resulting in the death of another person (2) The operator of the motor vehicle voluntarily consents to providing a blood, breath, or urine sample; (3) A valid search warrant for a blood, breath, or urine sample is obtained in accordance with §62-1A-1 of this code; or (4) A valid subpoena for any toxicology results of testing performed by a third party is obtained. (b) Any person conducting a test required under subsection (a) of this section is immune from all civil and criminal liability which might otherwise be imposed. (c) Nothing in this section shall be construed to abrogate, …

Read the full official text

West Virginia SB499: Requiring auto accident toxicology test be performed

What the bill says

Sponsors

Latest actions

Votes

Common questions