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WV SB861
Bill
Status
2/9/2026
Primary Sponsor
Robbie Morris
Click for details
AI Summary
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Transfers responsibility for certifying and setting standards for DUI chemical tests from the Bureau of Public Health to the West Virginia State Police Forensic Laboratory
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Grants the State Police Forensic Laboratory authority to approve preliminary breath analysis devices and establish methods for secondary chemical tests through legislative rulemaking
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Expands who may legally draw blood for DUI testing to include "any professional trained in phlebotomy" in addition to doctors, nurses, and trained medical technicians
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Removes propoxyphene from the list of controlled substances that must be included in blood analysis for DUI cases, reducing the required drug classes from 10 to 9
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Eliminates all references to urine collection and testing from DUI procedures, limiting secondary tests to blood or breath only
Legislative Description
Making WV State Police Forensic Laboratory responsible for certification and standards for DUI tests
Crime
Last Action
To Judiciary
2/9/2026