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WV SB575

Bill

Status

Enrolled

3/14/2026

Primary Sponsor

Jason Barrett

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • County prosecuting attorneys must attend and handle all matters related to refusal review hearings for individuals who refuse secondary chemical tests (breathalyzer) during DUI stops
  • Prosecuting attorneys are required to provide these legal services without additional compensation to protect the interests of the state and Division of Motor Vehicles
  • The Division of Motor Vehicles is explicitly excluded from being considered a party in refusal review proceedings
  • License revocation penalties for refusing secondary chemical tests remain unchanged: one year (or 45 days plus one year in ignition interlock program) for first refusal, 10 years for second refusal, and lifetime revocation for third or subsequent refusals
  • Individuals must request a refusal review hearing within 30 days of their first court appearance or the court automatically enters an order finding they refused the chemical test

Legislative Description

Relating to refusal review hearings

Courts

Last Action

Completed legislative action

3/14/2026

Committee Referrals

Judiciary2/20/2026
Finance2/10/2026
Judiciary1/22/2026

Full Bill Text

No bill text available