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Home » US Law » 2022 West Virginia Code » Chapter 17C. Traffic Regulations and Laws of the Road » Article 5. Serious Traffic Offenses » §17C-5-4. Implied Consent to Test; Administration at Direction of Law-Enforcement Officer; Designation of Type of Test; Definition of Law-Enforcement Officer

(a) Any person who drives a motor vehicle in this state is considered to have given his or her consent by the operation of the motor vehicle to a preliminary breath analysis and a secondary chemical test of either his or her blood or breath to determine the alcohol concentration in his or her blood, or the concentration in the persons body of a controlled substance, drug, or any combination thereof.

(b) A preliminary breath analysis may be administered in accordance with the provisions of 17C-5-5 of this code whenever a law-enforcement officer has reasonable cause to believe a person has committed an offense prohibited by 17C-5-2 of this code or by an ordinance of a municipality of this state which has the same elements as an offense described in 17C-5-2 of this code.

(c) A secondary test of blood or breath is incidental to a lawful arrest and is to be administered at the direction of the arresting law-enforcement officer having probable cause to believe the person has committed an offense prohibited by 17C-5-2 of this code or by an ordinance of a municipality of this state which has the same elements as an offense described in said section: Provided, That absent written consent of the person, a secondary test of blood may not be performed without issuance of a warrant signed by a magistrate or a circuit judge.

(d) The law-enforcement agency that employs the arresting law-enforcement officer shall designate the secondary tests to be administered. Notwithstanding 17C-5-7a of this code, the refusal to submit to a blood test only may not result in the revocation of the arrested persons license to operate a motor vehicle in this state.

(e) Any person to whom a preliminary breath test is administered who is arrested shall be advised verbally and given a written statement advising him or her of the following:

(1) That the persons refusal to submit to the secondary chemical test, designated pursuant to subsection (d) of this section, will result in the revocation of his or her license to operate a motor vehicle for a period of at least 45 days and up to life;