A BILL to repeal section two, article five, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections three and seven, article two, chapter seventeen-b of said code; to further amend said article two by adding thereto a new section, designated section three-a; to amend and reenact sections one, four, nine and twelve, article three, chapter seventeen-b of said code; to amend and reenact sections one and three, article four of said chapter; to amend and reenact section twenty-eight, article one, chapter seventeen-c of said code; to amend and reenact sections two, four and eight, article five of said chapter; to further amend said article five by adding thereto two new sections, designated sections two-b and six-a; to amend and reenact sections one, one-a, two, three and three-a, article five-a of said chapter; to amend and reenact section seven, article two-a, chapter seventeen-d of said code; to amend and reenact section fifteen, article one, chapter seventeen-e of said code; to amend and reenact section six, article seven, chapter twenty-four-a of said code; to amend and reenact section one, article six-a, chapter thirty-three of said code; to amend and reenact section eight, article five, chapter forty-nine of said code; and to amend and reenact section nine, article six, chapter sixty of said code, all relating to the revision of criminal offenses and administrative sanctions for persons driving under the influence of alcohol, controlled substances or drugs; describing persons who shall not be licensed and providing exceptions thereto; providing for the issuance of junior driver's licenses to persons under the age of eighteen; establishing the examination requirements for applicants for a driver's license; requiring, before a license is issued, attendance at a class on the dangers and social consequences of driving under the influence; authorizing the division of motor vehicles to cancel licenses; requiring an abstract of judgment of conviction for violation of motor vehicle laws to be sent to the division of motor vehicles; providing that the surrender and return of license is not required; requiring a mandatory suspension for fraudulent use of driver's license; defining offenses relating to the unlawful use of license or nonoperator's identification, and providing penalties therefor; describing license and nonoperator's identification violations generally, and providing penalties therefor; defining offenses relating to driving while a license is suspended or revoked, driving while a license is revoked for driving under the influence of alcohol, controlled substances or drugs, or while having alcoholic concentration in the blood of ten hundredths of one percent or more, by weight, or for refusing to take secondary chemical test of blood alcohol contents, and providing penalties therefor; defining the offense of driving while a license is suspended for driving while under the age of twenty-one years with an alcoholic concentration in the blood of two hundredths of one percent or more, by weight, but less than ten hundredths of one percent, by weight; defining the term "division" to mean the division of motor vehicles; defining offenses relating to driving under influence of alcohol, controlled substances or drugs, and providing penalties therefor; defining the offense of driving while under the age of twenty-one years with an alcoholic concentration in the blood of two hundredths of one percent or more, by weight, but less than ten hundredths of one percent, by weight, and providing penalties therefor; authorizing home detention as an alternative to mandatory sentences for offenses relating to driving under the influence of alcohol, controlled substances or drugs, defining offenses relating to drinking alcoholic liquor or nonintoxicating beer while driving a motor vehicle, and providing penalties therefor; redefining the term "law-enforcement officer" to include special police officers appointed by the governor; establishing procedures for taking a child into custody for driving a motor vehicle with any amount of blood alcohol; describing the interpretation and use of a secondary chemical test for blood alcohol; providing for implied consent to administrative procedure for suspension and revocation of a license for driving under the influence of alcohol, controlled substances or drugs; authorizing the revocation of a license for driving under the influence of alcohol, controlled substances or drugs or refusing to submit to secondary chemical test; providing for the suspension of a license for driving while under the age of twenty-one years with an alcoholic concentration in the blood of two hundredths of one percent or more, by weight, but less than ten hundredths of one percent, by weight; providing for the revocation of a license upon a conviction for driving under the influence of alcohol, controlled substances or drugs; providing for the suspension of a license upon a conviction for driving while under the age of twenty-one years with an alcoholic concentration in the blood of two hundredths of one percent or more, by weight, but less than ten hundredths of one percent, by weight; providing for an administrative hearing and judicial review of an order of revocation or suspension; establishing a safety and treatment program as a precondition to the reissuance of a license; establishing a motor vehicle alcohol test and lock program; providing for suspension or revocation of license, registration and reinstatement for failure to have adequate security; correcting an incorrect code citation relating to disqualification of a commercial driver for a refusal to submit to a secondary test or submitting to a test which discloses an alcohol concentration of four hundredths or more; authorizing an inspector for the public service commission to detain a driver until a law-enforcement officer is summoned to investigate and determine whether the person should be arrested and a secondary test of blood, breath or urine should be administered; providing that an automobile liability insurance policy may not be cancelled because a person did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his blood of two hundredths of one percent or more, by weight, but less than ten hundredths of one percent, by weight; describing conditions under which a law-enforcement official may take a child into custody; and defining offenses relating to intoxication or drinking in public places and the illegal possession of alcoholic liquor and providing penalties therefor.

The division shall not issue any license hereunder:

(a) In accordance with rules and regulations established by the commissioner and with the provisions hereinafter set forth in this section, a junior driver's license may be issued to any person between the ages of sixteen and eighteen years, if the person is in compliance with section eleven, article eight, chapter eighteen of this code and is not otherwise disqualified by law. Application for a junior driver's license shall be on a form prescribed by the commissioner. A junior driver's license may be issued upon the applicant's successful completion of all examinations and driving tests required by law for the issuance of a driver's license to a person eighteen years of age or older. The commissioner may impose reasonable conditions or restrictions on the operation of a motor vehicle by a person holding such a junior driver's license, which and the conditions or restrictions shall be printed on each such the license.

(a) Upon the presentment by the applicant under the age of eighteen years of the applicant's birth certificate, or a certified copy thereof, as evidence that the applicant is of lawful age, the division of public safety shall examine every applicant for a license to operate a motor vehicle in this state, except as otherwise provided in this section. Such The examination shall include a test of the applicant's eyesight, the applicant's ability to read and understand highway signs regulating, warning, and directing traffic, the applicant's knowledge of the traffic laws of this state, and the applicant's knowledge of the effects of alcohol upon persons and the dangers of driving a motor vehicle under the influence of alcohol, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle, and such further physical and mental examination as the division of motor vehicles and the division of public safety deems necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways.

The department division is hereby authorized to cancel any operator's or chauffeur's license in any of the following events:

(a) The commissioner shall suspend for a period of one year the driver's license of any person upon receipt of a sworn affidavit from any law-enforcement officer or employee of the division of motor vehicles stating that the person committed any one of the following acts:

It is a misdemeanor for any person to commit any one of the following acts:

(a) Except as otherwise provided in subsection subsections (b) or (d) of this section, any person who drives a motor vehicle on any public highway of this state at a time when his or her privilege so to do so has been lawfully suspended or revoked shall, for the first offense, be guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned confined in the county jail for forty-eight hours and, in addition to such mandatory jail sentence, shall be fined not less than fifty dollars nor more than five hundred dollars; for the second offense, such person shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment in the county confined in jail for a period of ten days and, in addition to such mandatory jail sentence, shall be fined not less than one hundred dollars nor more than five hundred dollars; for the third or any subsequent offense, such person shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned confined in the county jail for six months and, in addition to such mandatory jail sentence, shall be fined not less than one hundred fifty dollars nor more than five hundred dollars.

(a) Any person who:

(a) Any person who drinks alcoholic liquor while driving a motor vehicle on a street or highway in this state is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not more than forty-eight hours, or shall be fined not less than twenty-five dollars nor more than one hundred dollars, or both.

(a) A preliminary breath analysis may be administered to a child whenever a law-enforcement official has reasonable cause to believe the child to have been driving a motor vehicle with any amount of alcohol in his or her blood, for the purpose of determining the child's blood alcohol content. Such breath analysis must be administered as soon as possible after the law-enforcement officer arrives at a reasonable belief that the child has been driving a motor vehicle with any amount of alcohol in his or her blood. Any preliminary breath analysis administered pursuant to this subsection must be administered with a device and in a manner approved by the division of health for that purpose. If a preliminary breath analysis is administered, the results shall be used solely for the purpose of guiding the officer in deciding whether the child, at the time of driving the motor vehicle, had an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, and should therefore be taken into custody to administer a secondary test in accordance with the provisions of this section.

Upon trial for the offense of driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs, or upon the trial of any civil or criminal action arising out of acts alleged to have been committed by any person driving a motor vehicle while under the influence of alcohol, controlled substances or drugs, evidence of the amount of alcohol in the person's blood at the time of the arrest or of the acts alleged, as shown by a chemical analysis of his or her blood, breath or urine, is admissible, if the sample or specimen was taken within two hours from and after the time of arrest or of the acts alleged, and shall give rise to the following presumptions or have the following effect:

(a) Any person who is licensed to operate a motor vehicle in this state and who drives a motor vehicle in this state shall be deemed to have given his or her consent by the operation thereof, subject to the provisions of this article, to the procedure set forth in this article for the determination of whether his or her license to operate a motor vehicle in this state should be revoked because he or she did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or combined influence of alcohol or controlled substances or drugs, or did drive a motor vehicle while having an alcoholic concentration in his or her blood of ten hundredths of one percent or more, by weight, or did refuse to submit to any designated secondary chemical test., or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than ten hundredths of one percent, by weight.

(a) If a person is convicted for an offense defined in section two, article five of this chapter or for an offense described in a municipal ordinance which has the same elements as an offense described in said section two of article five, because such the person did drive a motor vehicle while under the influence of alcohol, controlled substances or drugs, or the combined influence of alcohol or controlled substances or drugs, or did drive a motor vehicle while having an alcoholic concentration in his or her blood of ten hundredths of one percent or more, by weight, or did drive a motor vehicle while under the age of twenty-one years with an alcohol concentration in his blood of two hundredths of one percent or more, by weight, but less than ten hundredths of one percent, by weight, and if such the person does not act to appeal such the conviction within the time periods described in subsection (b) of this section, such the person's license to operate a motor vehicle in this state shall be revoked or suspended in accordance with the provisions of this section.

(a) On or before the first day of January, one thousand nine hundred ninety-three, the The division of motor vehicles shall establish control and regulate a motor vehicle alcohol test and lock program for persons whose licenses have been revoked pursuant to this article or the provisions of article five of this chapter. Such program shall include the establishment of a users fee for persons participating in the program which shall be paid in advance and deposited into the driver's rehabilitation fund. Except where specified otherwise, the use of the term "program" in this section refers to the motor vehicle alcohol test and lock program. The commissioner of the division of motor vehicles shall promulgate propose legislative rules for promulgation in accordance with the provisions of chapter twenty-nine-a of this code for the purpose of implementing the provisions of this section. Such rules shall also prescribe those requirements which, in addition to the requirements specified by this section for eligibility to participate in the program, the commissioner determines must be met to obtain the commissioner's approval to operate a motor vehicle equipped with a motor vehicle alcohol test and lock system. For purposes of this section, a "motor vehicle alcohol test and lock system" means a mechanical or computerized system which, in the opinion of the commissioner, prevents the operation of a motor vehicle when, through the system's assessment of the blood alcohol content of the person operating or attempting to operate the vehicle, such person is determined to be under the influence of alcohol.

(a) A person who drives a commercial motor vehicle within this state is deemed to have given consent, subject to provisions of section four, article five, chapter seventeen-c of this code, to take a test or tests of that person's blood, breath or urine for the purpose of determining that person's alcohol concentration, or the presence of other drugs.

It shall be the duty of the department of public safety and the sheriffs of the counties in West Virginia to make arrests and the duty of the prosecuting attorneys of the several counties to prosecute all violations of this chapter, and the commission employees designated by it as inspectors shall have all the lawful powers of peace officers to enforce this chapter in any county or city of this state. If, in the course of enforcing the provisions of this chapter, a commission employee designated by it as an inspector shall have reasonable cause to believe that a driver has been operating a vehicle regulated by this chapter in violation of section two, article five, chapter seventeen-c of this code or section fourteen, article one, chapter seventeen-e of this code, the inspector may detain the driver until a member of the division of public safety, a sheriff or deputy sheriff, or a member of a municipal law-enforcement agency is summoned to investigate the suspected violation and determine whether the person should be arrested and a secondary test of blood, breath or urine should be administered.

No insurer once having issued or delivered a policy providing automobile liability insurance in this state insuring a private passenger automobile shall, after the policy has been in effect for sixty days, or in case of renewal effective immediately, issue or cause to issue a notice of cancellation during the term of the policy except for one or more of the following specified reasons:

(a) In proceedings instituted by the filing of a juvenile petition the circuit court may enter an order directing that a child be taken into custody only if one of the following conditions exist: (1) The petition shows that grounds exist for the arrest of an adult in identical circumstances; (2) the health, safety and welfare of the child demand such custody; (3) the child is a fugitive from a lawful custody or commitment order of a juvenile court; or (4) the child has a record of willful failure to appear at juvenile proceedings, and custody is necessary to assure his or her presence before the court. A detention hearing shall be held without delay by the judge, juvenile referee or magistrate authorized to conduct such hearing, and in no event shall the delay exceed the next succeeding judicial day, excluding Saturday, and such child shall be released on recognizance to his or her parent, guardian or custodian unless findings are made as specified in subsection (d) of this section.

(a) A person shall not: