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Introduced Version House Bill 2832 History

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hb2832 intr
H. B. 2832


(By Mr. Speaker, Mr. Kiss (By Request))

[Introduced March 2, 2005; referred to the

Committee on Roads and Transportation then the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-6b, relating to requiring persons involved in motor vehicle accidents which result in the death or bodily injury of another submit to a blood test for alcohol or other controlled substances.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17C-5-6b, to read as follows:

ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

§17C-5-6b. Drunk and drugged driver - Death or bodily injury - Mandatory test.

If any person is involved in a motor vehicle crash that results in the death of, or bodily injury to, another person, and the person so involved is detained by a police officer who has reasonable grounds to believe that the person has been operating a motor vehicle while under the influence of alcohol, any controlled substance or any other drug, or the combined influence of alcohol, controlled substance or any other drug, such person shall be required, at the direction of the police officer, to submit to a blood test for the purpose of determining the alcohol, controlled substance or other drug content thereof.



NOTE: The purpose of this bill is to require that persons involved in an automobile accident which resulted in the death or bodily injury of another submit to a blood test for alcohol or other controlled substances.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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