Loading chat...
WV HB5406
Bill
Status
3/12/2026
Primary Sponsor
James Akers
Click for details
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