West VirginiaState police lab approves devices and standards for impaired-driving tests
West Virginia’s enrolled law assigns test-approval and standards duties to the State Police Forensic Laboratory and permits certain phlebotomy-trained workers to draw blood.
What it does
The State Police Forensic Laboratory approves devices for preliminary breath tests and sets standards for chemical tests used in impaired-driving cases. It reviews those standards at least every two years.
A professional trained in phlebotomy at their place of employment may draw blood for a chemical test when an officer requests and directs the draw.
For a child suspected of driving with alcohol in their blood, a preliminary breath test helps officers decide whether custody is allowed. A result below .02 percent generally bars custody unless other legal grounds exist.
Argument forPhlebotomy-trained workers could give officers another qualified option for drawing blood when a chemical test is requested.
Argument againstState Police rules could affect which test results courts accept, so drivers may face consequences based on standards set by the lab.
More detail
The West Virginia State Police Forensic Laboratory approves breath-test devices and sets standards for chemical tests. These provisions cover preliminary breath tests and chemical tests of blood or breath used in impaired-driving cases. The lab sets standards by legislative rule and reviews them at least every two years. The enrolled bill took effect June 10, 2026, 90 days after passage.
A phlebotomy-trained professional may draw blood at a law enforcement officer’s request and direction. The blood test may check for alcohol, controlled substances, drugs, or a combination of them. The professional must be trained in phlebotomy at their place of employment. The enrolled bill took effect June 10, 2026, 90 days after passage.
Officers may use a preliminary breath test to help decide whether to take a child into custody for driving with alcohol in their blood. This provision applies to children suspected of driving a motor vehicle with any amount of alcohol in their blood. If a preliminary test shows less than .02 percent blood alcohol, an officer may not take the child into custody unless other legal grounds exist. The enrolled bill took effect June 10, 2026, 90 days after passage.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 108, Acts, Regular Session, 2026Latest
- Mar 30Approved by Governor Patrick Morrisey 3/27/2026Major
- Mar 25To Governor 3/25/26To Governor
- Mar 14Approved by Governor Patrick Morrisey 3/27/2026 - Senate JournalMajor
- Mar 14Approved by Governor Patrick Morrisey 3/27/2026 - House JournalBecame Law
- Mar 14To Governor 3/25/2026 - Senate JournalMinor
- Mar 13House received Senate message
- Mar 12Completed legislative action
- Vote recorded Passage. Result: pass.Upper
- Mar 12Communicated to House
- Mar 12Passed Senate (Roll No. 509)Passed Senate
- Mar 12Read 3rd timeMinor
- Mar 11Laid over on 3rd reading 3/11/2026 with right to amend
- Mar 11On 3rd reading with right to amend
- Mar 10Read 2nd timeMinor
- Mar 9Laid over on 2nd reading 3/9/2026
- Mar 9On 2nd reading
- Mar 6Read 1st timeMinor
- Mar 6Immediate consideration
- Mar 6Reported do passMinor
- Feb 26To JudiciaryMinor
- Feb 26To JudiciaryMinor
- Feb 26Introduced in SenateMinor
- Feb 25Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Feb 25Passed House (Roll No. 187)Passed House
- Feb 25Read 3rd timeMinor
- Feb 25On 3rd reading, Special Calendar
- Feb 24Read 2nd timeMinor
- Feb 24On 2nd reading, Special Calendar
- Feb 23Read 1st timeMinor
- Feb 23On 1st reading, Special Calendar
- Feb 20Do pass
- Feb 18Markup Discussion
- Feb 17To House JudiciaryMinor
- Feb 16Markup Discussion
- Feb 16To House CourtsMinor
- Feb 10To House JudiciaryMinor
- Feb 10Introduced in HouseMinor
- Feb 10To JudiciaryMinor
- Feb 10Filed for introductionIntroduced
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