On or before December 31, 2020, the Bureau for Public Health shall submit to the Joint Committee on Government and Finance a report that includes the following:
(1) Recommendations for the minimum levels of those drugs or controlled substances contained in 17C-5-8(d) of this code, that must be present in a persons blood in order for the test to be admitted as prima facie evidence that the person was under the influence of a controlled substance or drug in a prosecution for the offense of driving a motor vehicle in this state; and
(2) Recommendations for the minimum levels of those drugs or controlled substances contained in 17C-5-8(d) of this code, that laboratories approved to test blood for drug or controlled substance content can reliably identify and measure for the concentrations of drugs, controlled substances and their metabolites, in blood.
Structure West Virginia Code
Chapter 17C. Traffic Regulations and Laws of the Road
Article 5. Serious Traffic Offenses
§17C-5-1. Negligent Homicide; Penalties
§17C-5-2. Driving Under Influence of Alcohol, Controlled Substances, or Drugs; Penalties
§17C-5-3. Reckless Driving; Penalties
§17C-5-5. Preliminary Analysis of Breath to Determine Alcoholic Content of Blood
§17C-5-6a. Taking a Child Into Custody; Driving a Motor Vehicle With Any Amount of Blood Alcohol
§17C-5-8. Interpretation and Use of Chemical Test
§17C-5-9. Right to Demand Test
§17C-5-10. Fee for Withdrawing Blood Sample and Making Urine Test; Payment of Fees