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West VirginiaHB 54062026 Regular SessionHouse

Relating to driving under the influence

Sponsored By: James Robert "JB" Akers II (Republican)

Signed by Governor

§17C-5-4§17C-5-5§17C-5-6§17C-5-6A§17C-5-8§17C-5-10

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 4 benefits, 0 costs, 5 mixed.

State police lab sets testing rules

Beginning June 10, 2026, the West Virginia State Police Forensic Laboratory sets testing methods by legislative rule and reviews them at least every two years. Tests must be run by an accredited lab or the State Police lab. Blood drug tests must check at least for marijuana, cocaine, amphetamines, opiates, PCP, benzodiazepines, methadone, barbiturates, and synthetic narcotics.

BAC limits, timing, and court use

Beginning June 10, 2026, alcohol samples must be taken within 2 hours of arrest and drug samples within 4 hours to be used as proof of levels at arrest. A BAC of 0.05% or less is prima facie evidence you were not under the influence. Over 0.05% and under 0.08% is relevant but not automatic. At 0.08% or more, it is prima facie evidence you were under the influence. Only the person who ran the test can testify about its results.

New DUI testing rules for drivers

Beginning June 10, 2026, driving in West Virginia counts as consent to a roadside breath test and a follow-up breath or blood test after arrest. Officers with reasonable cause may use State Police–approved preliminary breath devices, and those results only guide arrest decisions. After arrest, the police agency chooses breath or blood; a blood test needs your written consent or a warrant signed by a magistrate or circuit judge. If you refuse only a blood test, your license is not revoked for that refusal. If you are arrested after a preliminary test, officers must give verbal and written warnings about refusal penalties (at least 45 days up to life), court use of the test, and your right to a blood test after you first take the requested test. Tests can be given anywhere in the county, or, if the county has no working device or no magistrate is available, at the nearest working device outside the county; a trained substitute officer may run the test. Officers who have not finished the required drug-impairment training cannot require a secondary blood test for drugs.

Drug test results not for possession

Beginning June 10, 2026, test results taken under this law to find drug levels cannot be used to prosecute you for possession of that drug.

Right to your own DUI test

Beginning June 10, 2026, if police test you, you can get your own chemical test at your expense from qualified medical staff you choose. On request, you must receive full information about the police test.

More police training on drug impairment

Beginning June 10, 2026, new and current police must complete at least six hours of training to spot drug impairment. This applies to entry-level, in-service, and supervisory training.

Blood draw rules, protections, and fees

Beginning June 10, 2026, only a doctor, registered nurse, trained medical technician, or trained phlebotomist may draw blood at police request. The draw must use a new sterile needle and vessel, a nonalcohol antiseptic, and accepted medical steps. People and hospitals who give tests at police request are immune from lawsuits and charges unless they act with gross negligence or willful or wanton misconduct. Counties or cities pay a reasonable blood-draw fee up front; if you are convicted, the court can add that fee to your court costs. The fee then goes into the county or city general fund.

Same DUI testing rules for boaters

Beginning June 10, 2026, the same breath and blood test rules apply when an officer has reasonable cause that you broke the boating DUI law.

Underage DUI testing and release rules

Beginning June 10, 2026, if an officer thinks a child drove after drinking, the officer may give a preliminary breath test. If it is 0.02% or higher, the child may be held for a second test; a result under 0.02% alone is not a basis to hold the child. Refusing the final secondary test causes at least a 30-day license suspension. If the second test is 0.08% or less, the child must be released unless other grounds exist; if it is 0.02% or more, release is only to a parent, custodian, or responsible adult. If a blood test is chosen and the child refuses, a breath test must be offered, and refusal of only the blood test does not revoke the license.

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Sponsors & Cosponsors

Sponsor

  • James Robert "JB" Akers II

    Republican • House

Cosponsors

  • Bill Flanigan

    Republican • House

  • Joe Funkhouser

    Republican • House

  • Scot C. Heckert

    Republican • House

  • D. Rolland Jennings

    Republican • House

  • Laura Kimble

    Republican • House

  • Phil Mallow

    Republican • House

  • Keith Marple

    Republican • House

  • Chris Phillips

    Republican • House

  • Andy Shamblin

    Republican • House

  • Mark Zatezalo

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 130 • No: 0

Senate vote • 3/12/2026

Passed Senate (Roll No. 509)

Yes: 34 • No: 0

House vote • 2/25/2026

Passed House (Roll No. 187)

Yes: 96 • No: 0

Actions Timeline

  1. Approved by Governor 3/27/2026

    3/30/2026House

  2. To Governor 3/25/26

    3/25/2026House

  3. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  4. Approved by Governor 3/27/2026 - House Journal

    3/14/2026House

  5. Approved by Governor 3/27/2026 - Senate Journal

    3/14/2026Senate

  6. House received Senate message

    3/13/2026House

  7. Read 3rd time

    3/12/2026Senate

  8. Passed Senate (Roll No. 509)

    3/12/2026Senate

  9. Communicated to House

    3/12/2026Senate

  10. Completed legislative action

    3/12/2026Senate

  11. On 3rd reading with right to amend

    3/11/2026Senate

  12. Laid over on 3rd reading 3/11/2026 with right to amend

    3/11/2026Senate

  13. Read 2nd time

    3/10/2026Senate

  14. On 2nd reading

    3/9/2026Senate

  15. Laid over on 2nd reading 3/9/2026

    3/9/2026Senate

  16. Reported do pass

    3/6/2026Senate

  17. Immediate consideration

    3/6/2026Senate

  18. Read 1st time

    3/6/2026Senate

  19. Introduced in Senate

    2/26/2026Senate

  20. To Judiciary

    2/26/2026Senate

  21. To Judiciary

    2/26/2026Senate

  22. On 3rd reading, Special Calendar

    2/25/2026House

  23. Read 3rd time

    2/25/2026House

  24. Passed House (Roll No. 187)

    2/25/2026House

  25. Communicated to Senate

    2/25/2026House

Bill Text

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