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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