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W. Va. Code § 17C-5-5

Preliminary analysis of breath to determine alcoholic content of blood

West Virginia · West Virginia Code Chapter 17C — Traffic Regulations and Laws of the Road · Status: effective

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W. Va. Code § 17C-5-5, Preliminary analysis of breath to determine alcoholic content of blood, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2370164
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When a law-enforcement officer has reason 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, the law-enforcement officer may require such person to submit to a preliminary breath analysis for the purpose of determining such person's blood alcohol content. Such breath analysis must be administered as soon as possible after the law-enforcement officer has a reasonable belief that the person has been driving while under the influence of alcohol, controlled substances or drugs. Any preliminary breath analysis required under this section must be administered with a device and in a manner approved by the West Virginia State Police Forensic Laboratory for that purpose. The results of a preliminary breath analysis shall be used solely for the purpose of guiding the officer in deciding whether an arrest should be made. When a driver is arrested following a preliminary breath analysis, the tests as hereinafter provided in this article shall be administered in accordance with the provisions thereof.