WVC 17 C- 5 - 5
§17C-5-5. 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 two of this
article or by an ordinance of a municipality of this state which
has the same elements as an offense described in said section two
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 driving 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 department of 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 a driver is arrested following a
preliminary breath analysis, the tests as hereinafter provided in
this article shall be administered in accordance with the
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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