Senate 499

WEST virginia legislature

2026 regular session

Committee Substitute

for

Committee Substitute

for

Senate Bill 499

By Senators Helton, Fuller, M. Maynard, Rose, Rucker, Deeds, and Taylor

[Reported March 2, 2026, from the Committee on Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §17C-5B-1a, relating to requiring blood, breath, or urine test to be performed on surviving operators after a fatal motor vehicle accident crash under certain circumstances; and providing for civil and criminal immunity for persons conducting the testing.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5B.   POSTMORTEM TESTS FOR ALCOHOL IN PERSONS KILLED IN MOTOR VEHICLE ACCIDENTS. Drug and Alcohol Testing following FATAL Motor VEHicLE Accidents.

§17C-5B-1a. Drug and alcohol testing of surviving motor vehicle operator where fatality involved.

 (a) A blood, breath, or urine sample or the results of blood, breath, or urine testing shall be obtained from any surviving operator of a motor vehicle involved in an accident resulting in the death of another person where:

(1) A law-enforcement officer has probable cause to believe that the operator was operating the motor vehicle under the influence of alcohol, drugs, or any other impairing substance and that such impairment resulted in the accident resulting in the death of another person;

(2) The operator of the motor vehicle voluntarily consents to providing a blood, breath, or urine sample;

(3) A valid search warrant for a blood, breath, or urine sample is obtained in accordance with §62-1A-1 of this code; or

(4) A valid subpoena for any toxicology results of testing performed by a third party is obtained.

(b) Any person conducting a test required under subsection (a) of this section is immune from all civil and criminal liability which might otherwise be imposed.  

(c) Nothing in this section shall be construed to abrogate, expand, or otherwise modify the existing testing requirements for individuals who do not survive motor vehicle accidents as more fully set forth in §17C-5B-1 of this code.