West Virginia House Bill HB5406

West Virginia 2026 Regular Session

• Introduced: 2/10/26
• Refer: 2/10/26
• Refer: 2/16/26
• Refer: 2/17/26
• Engrossed: 2/25/26
• Refer: 2/26/26
• Report Pass: 3/6/26
• Enrolled: 3/12/26
• Passed: 3/30/26

Caption

Relating to driving under the influence

Summary

HB5406 revises West Virginia’s DUI implied-consent and chemical-testing laws. The bill makes the West Virginia State Police Forensic Laboratory the primary certifying and rule-making authority for preliminary breath analysis devices, secondary chemical tests, and testing methods, while eliminating the Bureau of Public Health’s rule-making role. It also updates procedures for blood and breath testing, clarifies when warrants are required for blood draws, and allows officers trained in phlebotomy to draw blood for testing purposes. The bill also makes several targeted substantive changes to DUI enforcement. It corrects juvenile blood-alcohol thresholds, removes propoxyphene from the list of substances tested in blood analyses, eliminates outdated references to urine collection and analysis, and updates the list of drugs and classes of drugs that may be included in chemical blood testing. It further extends the testing framework to motorboat and jet ski offenses and requires additional training for law-enforcement officers on recognizing impairment from controlled substances and drugs other than alcohol.

Impact

HB5406 amends multiple sections of the West Virginia Code in Article 5 of Chapter 17C, affecting implied consent, preliminary breath tests, blood draws, evidentiary use of chemical tests, juvenile custody procedures, and payment of blood-draw fees. It shifts administrative authority from the Bureau of Public Health to the West Virginia State Police Forensic Laboratory, which will now approve devices, prescribe testing methods and standards, and certify related procedures through legislative rules. The bill also changes who may perform blood draws, expands officer training requirements, and updates statutory testing lists and juvenile alcohol thresholds, affecting law enforcement agencies, forensic laboratories, medical personnel, drivers, and juveniles subject to DUI enforcement.

Sentiment

The bill appears to have broad bipartisan support and little visible opposition. It passed the House 93-0 and the Senate 32-0, indicating unanimous approval in both chambers. The lack of recorded committee transcripts also suggests the measure was treated as a technical and enforcement-focused update rather than a controversial policy change.

Contention

No major contention is reflected in the available record, but the bill’s most notable policy shifts are the transfer of rule-making authority to the State Police Forensic Laboratory and the expansion of law-enforcement authority and training requirements for drug-impaired driving enforcement. Potential points of concern could include the removal of the Bureau of Public Health from the testing framework, the authority to require blood testing under implied consent rules, and the use of trained phlebotomists and officers in administering tests. However, the unanimous votes suggest these issues did not generate significant opposition in the legislative process.