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WV HB5406

Bill

Status

Enrolled

3/12/2026

Primary Sponsor

James Akers

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Transfers authority for certifying secondary chemical tests (blood and breath) and approving preliminary breath analysis devices from the Bureau of Public Health to the West Virginia State Police Forensic Laboratory

  • Grants rule-making authority to the State Police for establishing methods and standards for chemical analysis of blood or breath in DUI cases

  • Expands who may draw blood for testing to include any professional trained in phlebotomy, in addition to doctors, nurses, and medical technicians

  • Removes propoxyphene from the required list of controlled substances tested in blood analysis and eliminates all references to urine collection and analysis

  • Corrects juvenile blood alcohol threshold references from ".0002" to ".02" and from ".0008" to ".08" of one percent by weight throughout the code

Legislative Description

Relating to driving under the influence

Crime

Last Action

House received Senate message

3/13/2026

Committee Referrals

Judiciary2/26/2026
Judiciary2/17/2026
Courts2/16/2026
Judiciary2/10/2026

Full Bill Text

No bill text available