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.
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