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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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