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West VirginiaSB 4992026 Regular SessionSenate

Requiring auto accident toxicology test be performed

Sponsored By: Brian Helton (Republican)

Signed by Governor

§17C-5B-1§17C-5B-1a§17C-5B-2

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Required alcohol tests after fatal crashes

When a driver or adult pedestrian dies in a West Virginia crash, the county medical examiner takes charge. The examiner must test the blood for alcohol within 12 hours of getting notice and before embalming. Trained medical staff such as doctors, nurses, medical technicians, or qualified coroners perform the tests. People and hospitals that draw and test blood under this law are immune from civil and criminal liability. Testers get a standard fee set by the Office of Medical Examinations, paid from that office’s funds. County medical examiners must immediately send results to the Chief Medical Examiner and the State Police. The State Police compile monthly data and share it with the Governor’s Highway Safety Program and the DMV to help reduce alcohol-related crashes.

New testing rules for surviving drivers

If an officer has probable cause a surviving driver broke DUI or similar laws in a fatal crash, the officer can require a preliminary breath test. The officer can also require a secondary blood or breath test to measure alcohol or drugs. Without the driver’s written consent, a blood draw needs a warrant signed by a magistrate or circuit judge. Only doctors, registered nurses, or trained medical technicians at their workplace may draw the blood, acting at the officer’s direction. People who perform these tests are immune from civil and criminal liability.

Sponsors & Cosponsors

Sponsor

  • Brian Helton

    Republican • Senate

Cosponsors

  • Vince Deeds

    Republican • Senate

  • Scott Fuller

    Republican • Senate

  • Mark R. Maynard

    Republican • Senate

  • Chris Rose

    Republican • Senate

  • Patricia Rucker

    Republican • Senate

  • Jay Taylor

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 163 • No: 0

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 670)

Yes: 34 • No: 0

House vote • 3/13/2026

Passed House (Roll No. 531)

Yes: 96 • No: 0

Senate vote • 3/4/2026

Passed Senate (Roll No. 326)

Yes: 33 • No: 0

Actions Timeline

  1. Chapter 234, Acts, Regular Session, 2026

    6/25/2026Senate

  2. Approved by Governor 3/27/2026

    3/27/2026Senate

  3. To Governor 3/18/2026

    3/18/2026Senate

  4. House Message received

    3/14/2026Senate

  5. Senate concurred in House amendments and passed bill (Roll No. 670)

    3/14/2026Senate

  6. Communicated to House

    3/14/2026Senate

  7. Completed legislative action

    3/14/2026Senate

  8. To Governor 3/18/2026 - Senate Journal

    3/14/2026Senate

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

    3/14/2026House

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

    3/14/2026Senate

  11. On 3rd reading with right to amend, Special Calendar

    3/13/2026House

  12. Reported by the Clerk

    3/13/2026House

  13. Amendment reported by the Clerk

    3/13/2026House

  14. Amendment adopted (Voice vote)

    3/13/2026House

  15. Committee amendment adopted (Voice vote)

    3/13/2026House

  16. Passed House (Roll No. 531)

    3/13/2026House

  17. Title amendment adopted (Voice vote)

    3/13/2026House

  18. Communicated to Senate

    3/13/2026House

  19. On 2nd reading, Special Calendar

    3/12/2026House

  20. Read 2nd time

    3/12/2026House

  21. With amendment, do pass

    3/11/2026House

  22. Immediate consideration

    3/11/2026House

  23. Read 1st time

    3/11/2026House

  24. Markup Discussion

    3/10/2026House

  25. House received Senate message

    3/5/2026House

Bill Text

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