H. B. 2594
(By Delegates Overington, Howard, Sobonya,
Blair, Roberts, Duke and Rowan)
[Introduced
February 23, 2005
; referred to the
Committee on 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 mandatory blood tests be taken from drivers
involved in motor vehicle accidents that result in the death
or bodily injury to any person, when a law-enforcement officer
has reasonable grounds to suspect a driver is under the
influence of drugs, alcohol or both.
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. Mandatory blood test required for drivers involved in
motor vehicle accidents when death or bodily injury
ensues.
In the event an operator of a motor vehicle is involved in a
motor vehicle accident that results in the death or injury to
another person, and the operator is detained by a law-enforcement
officer under the reasonable suspicion that the operator is under
the influence of alcohol, any controlled substance, or a
combination of alcohol and any controlled substance, then the
operator shall submit to a blood test at the direction of the
law-enforcement officer, designed to detect the existence of
alcohol and controlled substances.
NOTE: The purpose of this bill is to require mandatory blood
tests from drivers involved in motor vehicle accidents that result
in death or bodily injury from the accident if a law-enforcement
officer has reasonable grounds to suspect a driver is under the
influence of drugs, alcohol or both.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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