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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-5-7a. Suspension of License to Operate a Motor Vehicle for Refusal of Secondary Test; Refusal Review Hearing

(a) For the purposes of this section, the term “refusal review hearing” refers to a hearing to review a persons alleged refusal to submit to a secondary chemical test, as documented in a statement submitted to the court by a law-enforcement officer pursuant to 17C-5-7 of this code.

(b) Effective July 1, 2020, the court shall enter an order finding that a person charged with a violation of 17C-5-2 of this code did refuse to submit to a secondary chemical test, as required by 17C-5-4 of this code, subject to the following:

(1) At the persons first appearance before the court, the court shall advise the person that his or her license to operate a motor vehicle shall be revoked for the applicable period provided in subsection (e) of this section, unless the person requests a refusal review hearing within the 30 days following the first appearance;