HB 5376 West Virginia House of Delegates · 2026 Regular Session

Requiring auto accident toxicology test be performed

HB 5376 requires toxicology tests to be performed on drivers involved in any vehicle crash that results in death. The bill mandates these tests be conducted "as soon as possible" following a fatal accident. It directly affects drivers involved in crashes causing death, ensuring their blood or urine is tested for drugs or alcohol. The law, named "Erin’s Law" in the bill, adds this requirement to existing West Virginia traffic safety statutes without changing penalties for hit-and-run offenses.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 9, 2026 Last action Feb 9, 2026
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Total actions
4
Key actions
0
Committee
2
Feb 9, 2026
Committee
To House Judiciary
lower
Feb 9, 2026
Introduced
Introduced in House
lower
Feb 9, 2026
Committee
To Judiciary
lower
1 primary · 2 co-sponsors

Sponsors