SB 861 West Virginia Senate · 2026 Regular Session

Making WV State Police Forensic Laboratory responsible for certification and standards for DUI tests

SB 861 transfers responsibility for certifying DUI testing equipment and standards from the Bureau of Public Health to the West Virginia State Police Forensic Laboratory. The bill eliminates the Bureau's rule-making authority over DUI testing procedures and grants this authority to the State Police instead. It also updates technical requirements, including removing outdated references to urine testing, adding provisions for trained phlebotomists to draw blood, and correcting juvenile blood alcohol level standards. This change directly affects law enforcement officers administering DUI tests and the forensic process for blood/breath analysis in DUI cases.
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
3
Key actions
0
Committee
1
Feb 9, 2026
Introduced
Introduced in Senate
upper
Feb 9, 2026
Committee
To Judiciary
upper
1 primary · 1 co-sponsor

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