WVC 29 - 2 A- 11 B
§29-2A-11b. 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 eleven 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 operating an aircraft 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 bureau of public 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 an operator is arrested
following a preliminary breath analysis, the tests as hereinafter
provided in this article shall be administered in accordance with
the provisions thereof.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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