HB 5406 West Virginia House of Delegates · 2026 Regular Session

Relating to driving under the influence

HB 5406 updates West Virginia's DUI laws by shifting authority for chemical testing oversight from the Bureau of Public Health to the West Virginia State Police Forensic Laboratory. It eliminates outdated references to urine testing, removes propoxyphene from drug testing requirements, and permits trained phlebotomists to collect blood samples for analysis. The bill also corrects blood alcohol concentration thresholds for juvenile drivers and clarifies that refusing only a blood test - without refusing a breath test - will not automatically trigger license revocation. These changes streamline DUI testing procedures for law enforcement and ensure current medical standards are reflected in the law.

Bill status signed all 5 stages cleared

Introduction

Feb 2026

Committee Review

Mar 2026

House of Delegates Passage

Feb 2026

Senate Passage

Mar 2026

Signed into Law

Jun 2026

Introduced Feb 10, 2026 Signed Jun 29, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Version → Enrolled Version · 6 edits · Mar 30, 2026

MODERATE

The bill was finalized to transfer authority over chemical testing rules from the Bureau of Public Health to the West Virginia State Police Forensic Laboratory. It expanded the list of professionals authorized to draw blood to include phlebotomists, updated drug testing requirements to exclude propoxyphene, and added specific training mandates for law enforcement regarding drug impairment.

Scope change

The bill's scope shifted from a joint oversight model to one where the State Police Forensic Laboratory holds sole authority for certifying tests and setting standards, replacing the Bureau of Public Health.

REQUIREMENT

Authority to set rules for chemical testing and device approval was transferred from the Bureau of Public Health to the West Virginia State Police Forensic Laboratory.

New requirements mandate that law enforcement officers complete at least six hours of training to recognize impairment from controlled substances and drugs other than alcohol.

ELIGIBILITY

Professionals trained in phlebotomy are now explicitly authorized to draw blood for DUI testing alongside doctors, nurses, and technicians.

DEFINITION

Propoxyphene was removed from the list of substances required to be tested in blood chemical analyses.

ENFORCEMENT

A new subsection clarifies that only the officer actually administering a test can testify to its results and veracity.

TECHNICAL

Several sections were reorganized and renumbered to align with the new structure of the Code of West Virginia.

Floor votes · Senate Mar 12, 2026 · House of Delegates Feb 25, 2026

How they voted

33–0

Passed

Total votes 33

Mar 12, 2026

D Democratic2

2 Yea

100% Yea

R Republican31

31 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 30, 2026

Signed into law

Approved by Governor 3/27/2026

lower

Mar 14, 2026

Signed into law

Approved by Governor 3/27/2026 - Senate Journal

upper

Mar 14, 2026

Signed into law

Approved by Governor 3/27/2026 - House Journal

lower

Mar 12, 2026

Upper · Passed

Passed Senate (Roll No. 509)

upper

Mar 6, 2026

Upper · Passed

Reported do pass

upper

Feb 26, 2026

Committee

To Judiciary

upper

Feb 26, 2026

Introduced

Introduced in Senate

upper

Feb 25, 2026

Lower · Passed

Passed House (Roll No. 187)

lower

Feb 20, 2026

Lower · Passed

Do pass

lower

Feb 17, 2026

Committee

To House Judiciary

lower

Feb 16, 2026

Committee

To House Courts

lower

Feb 10, 2026

Committee

To House Judiciary

lower

Feb 10, 2026

Introduced

Introduced in House

lower

Feb 10, 2026

Committee

To Judiciary

lower

1 primary · 10 co-sponsors