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WV Code § 17C-5-2a (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5. Serious Traffic Offenses|§17C-5-2a. Definition of Phrase in This State ; Phrases Synonymous With Driving Under the Influence of Alcohol; Validation of Warrants and Indictments

(a) For purposes of this article and 17C-5A-1 et seq. of this code, the phrase "in this state" shall mean anywhere within the physical boundaries of this state, including, but not limited to, publicly maintained streets and highways, and subdivision streets or other areas not publicly maintained but nonetheless open to the use of the public for purposes of vehicular travel, but as used in 17C-5-2(e), 17C-5-2(f), 17C-5-2(g), 17C-5-2(h), 17C-5-2(i), 17C-5-2(j), and 17C-5-2(k) of this code, the term does not mean or include driving or operating a vehicle solely and exclusively on ones own property in an area not open to the use of the public for purposes of vehicular travel.(b) When used in this code, the terms or phrases "driving under the influence of intoxicating liquor", "driving or operating a motor vehicle while intoxicated", "for any person who is under the influence of intoxicating liquor to drive any vehicle", or any similar term or phrase shall be construed to mean and be synonymous with the term or phrase "while under the influence of alcohol ... drives a vehicle" as the latter term or phrase is used in 17C-5-2 of this code.(c) From and after the effective date of this section, a warrant or indictment which charges or alleges an offense, prohibited by 17C-5-2 of this code, and which warrant or indictment uses any of the terms or phrases set forth in subsection (b) of this section, shall not thereby be fatally defective if such warrant or indictment otherwise informs the person so accused of the charges against said person.
WV Code § 17C-5-3 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5. Serious Traffic Offenses|§17C-5-3. Reckless Driving; Penalties

(a) Any person who drives any vehicle upon any street or highway, or upon any residential street, or in any parking area, or upon the ways of any institution of higher education, whether public or private, or upon the ways of any state institution, or upon the property of any county boards of education, or upon any property within the state park and public recreation system established by the Director of the Division of Natural Resources pursuant to section three, article four, chapter twenty of this code in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.(b) The provisions of subsection (a) of this section shall not apply to those areas which have been temporarily closed for racing sport events or which may be set aside by the Director of the Division of Natural Resources within the state park and recreation system for exclusive use by motorcycles or other recreational vehicles.(c) Every person convicted of reckless driving is guilty of a misdemeanor and, upon a first conviction thereof, shall be confined in jail for a period of not less than five days nor more than ninety days, or fined not less than $25 nor more than $500, or both, and upon conviction of a second or subsequent conviction thereof, shall be confined in jail not less than ten days nor more than six months, or fined not less than $50 nor more than $1,000, or both.(d) Notwithstanding the provisions of subsection (c) of this section, any person convicted of a violation of subsection (a) of this section who in doing so proximately causes another to suffer serious bodily injury shall, upon conviction, be confined in jail not less than ten days nor more than six months or fined not less than $50 nor more than $1,000, or both.(e) For purposes of subsection (d) of this section, "serious bodily injury" means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
WV Code § 17C-5-5 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5. Serious Traffic Offenses|§17C-5-5. Preliminary Analysis of Breath to Determine Alcoholic Content of Blood

When a law-enforcement officer has reason to believe a person has committed an offense prohibited by section two of this article or by an ordinance of a municipality of this state which has the same elements as an offense described in said section two of this article, the law-enforcement officer may require such person to submit to a preliminary breath analysis for the purpose of determining such person's blood alcohol content. Such breath analysis must be administered as soon as possible after the law-enforcement officer has a reasonable belief that the person has been driving while under the influence of alcohol, controlled substances or drugs. Any preliminary breath analysis required under this section must be administered with a device and in a manner approved by the department of health for that purpose. The results of a preliminary breath analysis shall be used solely for the purpose of guiding the officer in deciding whether an arrest should be made. When a driver is arrested following a preliminary breath analysis, the tests as hereinafter provided in this article shall be administered in accordance with the provisions thereof.
WV Code § 17C-5-6 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5. Serious Traffic Offenses|§17C-5-6. How Blood Test Administered; Additional Test at Option of Person Tested; Use of Test Results; Certain Immunity From Liability Incident to Administering Test

Only a doctor of medicine or osteopathy, or registered nurse, or trained medical technician at the place of his or her employment, acting at the request and direction of the law-enforcement officer, may withdraw blood to determine the alcohol concentration in the blood, or the concentration in the blood of a controlled substance, drug, or any combination thereof. These limitations shall not apply to the taking of a breath test. In withdrawing blood to determine the alcohol concentration in the blood, or the presence in the blood of a controlled substance, drug, or any combination thereof, only a previously unused and sterile needle and sterile vessel may be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. A nonalcoholic antiseptic shall be used for cleansing the skin prior to venapuncture. The person tested may, at his or her own expense, have a doctor of medicine or osteopathy, or registered nurse, or trained medical technician at the place of his or her employment, of his or her own choosing, administer a chemical test in addition to the test administered at the direction of the law-enforcement officer. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law-enforcement officer shall be made available to him or her. No person who administers any such test upon the request of a law-enforcement officer as herein defined, no hospital in or with which such person is employed or is otherwise associated or in which such test is administered, and no other person, firm or corporation by whom or with which such person is employed or is in any way associated, shall be in any way criminally liable for the administration of such test, or civilly liable in damages to the person tested unless for gross negligence or willful or wanton injury.
WV Code § 17C-5-9 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5. Serious Traffic Offenses|§17C-5-9. Right to Demand Test

Any person lawfully arrested for driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs shall have the right to demand that a sample or specimen of his or her blood or breath to determine the alcohol concentration of his or her blood be taken within two hours from and after the time of arrest and a sample or specimen of his or her blood or breath to determine the controlled substance or drug content of his or her blood, be taken within four hours from and after the time of arrest, and that a chemical test thereof be made. The analysis disclosed by such chemical test shall be made available to such arrested person forthwith upon demand.
WV Code § 17C-5-10 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5. Serious Traffic Offenses|§17C-5-10. Fee for Withdrawing Blood Sample and Making Urine Test; Payment of Fees

A reasonable fee shall be allowed to the person withdrawing a blood sample or administering a urine test at the request and direction of a law-enforcement officer in accordance with the provisions of this article. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of section two of this article, the county having venue of such charge shall pay said fee, and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the General Fund of said county. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of a similar ordinance of any municipality, said municipality shall pay said fee, and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the General Fund of said municipality.
WV Code § 17C-5-11 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5. Serious Traffic Offenses|§17C-5-11. Municipal Ordinances to Contain Same Elements as Offenses Under This Article; Penalties in Municipal Ordinances Required to Conform to State Penalties

(a) Notwithstanding the provisions of section five, article twelve, chapter eight of this code, on and after September 1, 1983, each and every municipal ordinance defining a misdemeanor offense of or relating to driving under the influence of alcohol or driving under the influence of intoxicating liquor or otherwise prohibiting conduct made unlawful by this article shall be null and void and of no effect unless such ordinance defines such an offense in substantially similar terms as an offense defined under the provisions of this article and such offense contains the same elements as an offense defined herein.(b) Notwithstanding the provisions of section one, article eleven, chapter eight of this code, on and after August 1, 1983, each and every municipal ordinance defining a misdemeanor offense of or relating to driving under the influence of alcohol or driving under the influence of intoxicating liquor or otherwise prohibiting conduct made unlawful by this article shall prescribe the same penalty for such offense as is prescribed for an offense under this article containing the same elements.
WV Code § 17C-5-12 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5. Serious Traffic Offenses|§17C-5-12. Report to the Legislature

On or before December 31, 2020, the Bureau for Public Health shall submit to the Joint Committee on Government and Finance a report that includes the following:(1) Recommendations for the minimum levels of those drugs or controlled substances contained in 17C-5-8(d) of this code, that must be present in a persons blood in order for the test to be admitted as prima facie evidence that the person was under the influence of a controlled substance or drug in a prosecution for the offense of driving a motor vehicle in this state; and(2) Recommendations for the minimum levels of those drugs or controlled substances contained in 17C-5-8(d) of this code, that laboratories approved to test blood for drug or controlled substance content can reliably identify and measure for the concentrations of drugs, controlled substances and their metabolites, in blood.
WV Code § 17C-5A-1 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs|§17C-5A-1. Report to Be Submitted to Commissioner Following Arrest for Driving Under the Influence of Alcohol, Controlled Substances, or Drugs or Refusal to Submit to Secondary Chemical Test; Report to the Court

(a) Any law-enforcement officer investigating a person for an offense described in 17C-5-2 of this code, or for an offense described in a municipal ordinance which has the same elements as an offense described in said section, shall report to the Commissioner of the Division of Motor Vehicles by written statement within 48 hours of the conclusion of the investigation the name and address of the person believed to have committed the offense. The report shall include the specific offense with which the person is charged and, if applicable, a copy of the results of any secondary tests of blood, breath, or urine. The signing of the statement required to be signed by this subsection constitutes an oath or affirmation by the person signing the statement that the statements contained in the statement are true and that any copy filed is a true copy. The statement shall contain upon its face a warning to the officer signing that to willfully sign a statement containing false information concerning any matter or thing, material or not material, is false swearing and is a misdemeanor. (b) After receiving the report required by subsection (a) of this section, the Commissioner of the Division of Motor Vehicles shall immediately submit, to the court with jurisdiction over the criminal offense, a full and complete record of the following:(1) Any prior suspensions or revocations of the persons license to operate a motor vehicle under 17C-5-2, 17C-5-2b, or 17C-5-7a of this code; or (2) Any conviction or term of conditional probation imposed under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in 17C-5-2 of this code.(c) The amendments made to this section during the 2020 regular session of the Legislature shall become effective on July 1, 2020.
WV Code § 17C-5A-2a (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs|§17C-5A-2a. Assessment of Costs; Special Account Created

The Division of Motor Vehicles is hereby authorized and required to assess witness costs at the same rate as witness fees in circuit court and a docket fee of $15 for each hearing request against any person filing a request for a hearing under section two of this article who fails to appear, fails to have said order rescinded or fails to have said order modified to a lesser period of revocation. The Division of Motor Vehicles may adjust this fee every five years on September 1, based on the U. S. Department of Labor, Bureau of Labor Statistics most current Consumer Price Index: Provided, That an increase in such fee may not exceed ten percent of the total fee amount in a single year.All fees and costs collected hereunder shall be paid into a special revenue account in the State Treasury: Provided, That on and after July 1, 2007, any unexpended balance remaining in the special revolving fund shall be transferred to the Motor Vehicle Fees Fund created under the provisions of section twenty-one, article two, chapter seventeen-a of this code and all further fees and costs collected shall be deposited in that fund. A portion of the funds in the Motor Vehicle Fees Fund may be used to pay or reimburse the various law-enforcement agencies at the same rate as witnesses in circuit court for the travel and appearance of its officers before the commissioner or authorized deputy or agent pursuant to a hearing request under the provisions of this article. The department shall authorize payment to the law-enforcement agencies from said account as the fees for a particular hearing request are received from the person against whom the costs were assessed. The department shall authorize transfer to an appropriate agency account from the Motor Vehicle Fees Fund to pay costs of registered and certified mailings and other expenses associated with the conduct of hearings under this article as the docket fee for a particular hearing request is received from the person against whom the costs were assessed.In the event judicial review results in said order being rescinded or modified to a lesser period of revocation the costs assessed shall be discharged.The provisions of this section enacted in 2017 take effect on July 1, 2017.
WV Code § 17C-5A-2b (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs|§17C-5A-2b. Administrative Hearing, Revocation, and Review Process Terminated on July 1, 2020

Notwithstanding any other provision of this code:(1) The provisions of 17C-5A-2 of this code apply only to proceedings arising from offenses occurring on or before June 30, 2020; and (2) The provisions of 17C-5A-2 of this code have no force or effect beginning on the date when the Office of Administrative Hearings terminates, pursuant to 17C-5C-1a of this code.
WV Code § 17C-5A-4 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5A. Administrative Procedures for Suspension and Revocation of Licenses for Driving Under the Influence of Alcohol, Controlled Substances or Drugs|§17C-5A-4. Search for Record of Prior Offenses by Driver

The commissioner shall immediately upon receipt of the statements required by section seven, article five of this chapter and section one of this article record the date and time of day of the receipt of such statements and shall forthwith cause a search of the appropriate records of the department to be made for any record of prior offenses under this article and such commissioner shall immediately report to the officer making such statement an abstract showing any such prior offense, the date thereof, the identity of any court in which any proceedings in regard thereto were instituted and the disposition thereof.Any law-enforcement officer who fails to file the statements required by this chapter within forty-eight hours of the arrest of any person charged for any violation of section two, article five of this chapter or for any offense described in a municipal ordinance which has the same elements as an offense described in said section two of article five, shall be guilty of a misdemeanor and, shall be subject to a fine of not less than $20 nor more than $500. And if the commissioner shall willfully fail to post by United States mail or other adequate means of communication a written report addressed to the law-enforcement officer of any such offense, as required by this section, within a period of forty-eight hours after the receipt of the statement, the commissioner shall be guilty of a misdemeanor and, shall be subject to a fine of not less than $20 nor more than $500.
WV Code § 17C-5B-1 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5B. Postmortem Tests for Alcohol in Persons Killed in Motor Vehicle Accidents|§17C-5B-1. Blood Test for Alcohol in Drivers and Adult Pedestrians Killed in Motor Vehicle Accidents; Time Limit for Conducting Test; Who May Conduct Test; Express Consent to Withdraw Blood From Dead Body Granted; Granting Civil and Criminal Immunity to Person Conducting Test; Fee for Test

When any motor vehicle driver or adult pedestrian dies in a motor vehicle accident in this state or dies within four hours after having been involved in a motor vehicle accident in this state, the physician in attendance, or law- enforcement officer having knowledge of such death, or the funeral director, or any other person present when such death occurred, shall immediately report such death to the medical examiner of the county in which such death occurred. Upon receipt of such notice, the medical examiner shall take charge of the dead body and shall conduct, or shall cause to be conducted, within twelve hours after receiving such notice and before the dead body is embalmed, a blood test to determine the presence and percentage concentration of alcohol in the blood of such dead body.The blood test required under this section shall be conducted only by a person qualified to conduct an autopsy under article twelve, chapter sixty-one of this code or by a doctor of medicine, doctor of osteopathy, registered nurse, trained medical technician at the place of his employment or county coroner who is deemed qualified by the office of medical examinations to conduct such blood test.Any person who is to conduct a blood test under the provisions of this section is hereby expressly authorized to withdraw blood from the dead body in the quantity necessary to conduct such blood test. Any person withdrawing blood from the dead body and testing such blood and any hospital or clinic in which such blood is withdrawn and tested under the provisions of this section shall be immune from all civil and criminal liability which might otherwise be imposed.Any person conducting a blood test under the provisions of this section shall receive a standardized fee in the amount determined by the office of medical examinations, which fee shall be paid from funds appropriated to the office of medical examinations.Nothing contained in this section shall be construed to preclude the taking of a blood test by any other person having the right to take any such test or cause such test to be taken while the medical examiner has charge of the body.
WV Code § 17C-5B-2 (2021)
2021 West Virginia Code|Chapter 17C. Traffic Regulations and Laws of the Road|Article 5B. Postmortem Tests for Alcohol in Persons Killed in Motor Vehicle Accidents|§17C-5B-2. To Whom and How County Medical Examiners Report Results of Blood Tests; Such Reports Admissible as Evidence; Use of Reports Only for Statistical and Highway Safety Purposes

Each county medical examiner shall immediately report the results of each blood test conducted under the authority of section one of this article by him or conducted at his request, to the chief medical examiner of the office of medical examinations and to the department of public safety. Results of such blood test or any report thereof may be admissible in evidence, if material, in any action or proceeding of any kind in any court or before any tribunal, board, or agency.The department of public safety shall compile the data from all such reports submitted to it on a monthly basis. The department shall forward such compilations to the Governor's highway safety administration and the department of motor vehicles. Such compilations shall be for statistical purposes and highway safety information and be disclosed or revealed in any manner necessary. The identity of any dead person whose blood was tested under the provisions of section one of this article may be disclosed or revealed when necessary for evidence in any action or proceeding of any kind in any court or before any tribunal, board or agency.The department of public safety, the Governor's highway safety administration and the department of motor vehicles shall make use of such compilations in a manner to provide accurate and useful statistical information to government and the public relative to achieving a reduction in motor vehicle accidents arising in whole or in part from the imbibing of alcohol by motor vehicle drivers and adult pedestrians.