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HB 5406·WV·house

Relating to driving under the influence

Signed into LawFiled Feb 10, 2026
Sponsor: J.B. Akers (R)
Latest Action

Chapter 108, Acts, Regular Session, 2026

Jun 29, 2026

Summary

The bill revises West Virginia’s DUI statutes by making the State Police Forensic Laboratory the certifying authority for breath‑analysis devices and secondary chemical tests, and by shifting rule‑making power from the Bureau of Public Health to the State Police. It also updates testing protocols – allowing trained phlebotomists to draw blood, removing propoxyphene from the drug list, correcting juvenile blood‑alcohol limits, and eliminating obsolete urine‑testing references. These changes affect drivers, law‑enforcement officers, and forensic labs, aiming to modernize enforcement and ensure consistent testing standards.

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