W. Va. Code § 17C-5-9
Right to demand test
West Virginia · West Virginia Code Chapter 17C — Traffic Regulations and Laws of the Road · Status: effective
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- Citation
- W. Va. Code § 17C-5-9, Right to demand test, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2370170
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Full text
Any person lawfully arrested for driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs shall have the right to demand that a sample or specimen of his or her blood or breath to determine the alcohol concentration of his or her blood be taken within two hours from and after the time of arrest and a sample or specimen of his or her blood or breath to determine the controlled substance or drug content of his or her blood, be taken within four hours from and after the time of arrest, and that a chemical test thereof be made. The analysis disclosed by such chemical test shall be made available to such arrested person forthwith upon demand.