H. B. 3076
(By Delegates Webster, Manuel, Wills,
Amores, Hrutkay and Craig)
[Introduced March 29, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eight, article five, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to evidence
addressing when a person is under the influence of alcohol,
controlled substances or drugs; and adding a formula for
determining the percent, by weight, of alcohol in the blood.
Be it enacted by the Legislature of West Virginia:
That section eight, article five, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-8. Interpretation and use of chemical test.
(a) 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 The evidence gives rise to the following
presumptions or
have has the following effect:
(a) (1) Evidence that there was, at that time, five hundredths
of one percent or less, by weight, of alcohol in his or her blood,
shall be is prima facie evidence that the person was not under the
influence of alcohol;
(b) (2) Evidence that there was, at that time, more than five
hundredths of one percent and less than ten hundredths of one
percent, by weight, of alcohol in the person's blood
shall be is
relevant evidence, but it is not to be given prima facie effect in
indicating whether the person was under the influence of alcohol;
(c) (3) Evidence that there was, at that time, ten hundredths of one percent or more, by weight, of alcohol in his or her blood,
shall be admitted as prima facie evidence that the person was under
the influence of alcohol.
(b) A determination of the percent, by weight, of alcohol in
the blood shall be based upon a formula of:
(1) The number of grams of alcohol per one hundred cubic
centimeters of blood;
(2) The number of grams of alcohol per two hundred ten liters
of breath;
or
(3) The number of grams of alcohol per sixty-seven milliliters
of urine;
or
(4) The number of grams of alcohol per eighty-six milliliters
of serum.
(c) A chemical analysis of a person's blood, breath or urine,
in order to give rise to the presumptions or to have the effect
provided for in
subdivisions (a), (b) and (c) subsection (a) of
this section, must be performed in accordance with methods and
standards approved by the state division of health. A chemical
analysis of blood or urine to determine the alcoholic content of
blood shall be conducted by a qualified laboratory or by the state
police scientific laboratory of the criminal identification bureau of the
division of public safety West Virginia state police.
(d) The provisions of this article
shall do not limit the
introduction in any administrative or judicial proceeding of any
other competent evidence bearing on the question of whether the
person was under the influence of alcohol, controlled substances or
drugs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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