Any person lawfully arrested for driving a motor vehicle in this state while under the influence of alcohol, controlled substances or drugs shall have the right to demand that a sample or specimen of his or her blood or breath to determine the alcohol concentration of his or her blood be taken within two hours from and after the time of arrest and a sample or specimen of his or her blood or breath to determine the controlled substance or drug content of his or her blood, be taken within four hours from and after the time of arrest, and that a chemical test thereof be made. The analysis disclosed by such chemical test shall be made available to such arrested person forthwith upon demand.
W. Va. Code § 17C-5-9
Right to demand test
Applied in 2 court decisions — leading case 234 W. Va. 343 - Steven O. Dale, Acting Commissioner, W. Va. DMV v. Christina Painter (2014)
Most recently applied in 234 W. Va. 343 - Steven O. Dale, Acting Commissioner, W. Va. DMV v. Christina Painter (October 2014)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.