West Virginia 2023 Regular Session

West Virginia House Bill HB3043

Introduced
1/25/23  

Caption

To require a blood draw/blood test after a motor vehicle accident to determine impairment of those involved.

Impact

The enactment of HB3043 could significantly alter how law enforcement handles vehicle accidents involving injuries. By requiring blood draws in specific circumstances, the bill aims to strengthen the evidence available in cases of suspected impairment, potentially leading to more comprehensive reporting and prosecution of impaired driving incidents. Moreover, the mandate for black box examinations could provide crucial data regarding the vehicle's performance in the moments leading up to an accident, contributing to a better understanding of the circumstances surrounding such events.

Summary

House Bill 3043 aims to amend the Code of West Virginia to require blood draws from drivers involved in motor vehicle accidents that cause bodily injury or serious bodily injury. This legislation seeks to enhance the investigative processes surrounding such accidents by determining whether the driver was impaired at the time of the incident. Additionally, the bill mandates the examination of a vehicle's black box to ascertain its speed during the accident. The findings from these blood tests and black box examinations would be documented in the final accident report prepared by law enforcement officers.

Sentiment

The sentiment surrounding HB3043 appears to be one of support for increasing safety measures and improving accountability on the roads. Proponents argue that these requirements would lead to better data collection and could deter impaired driving. However, there may also be concerns around privacy and the implications of mandating blood draws, which could lead to debates regarding individuals' rights in the context of law enforcement investigations.

Contention

Notable points of contention may arise from the implications of mandatory blood draws and the requirement to examine black boxes, particularly regarding concerns of personal privacy and the potential for misuse of the collected data. The bill could also face scrutiny over the practicality and logistics of implementing these requirements, including the management of evidence collection and the handling of blood samples. Overall, while the bill has clear public safety intentions, the balance between safety enforcement and individual rights could be a contentious topic as discussions progress.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4503

To require a blood draw/blood test after a motor vehicle accident to determine impairment of those involved.

WV A2948

Requires breath or blood test in motor vehicle accidents involving pedestrians.

WV A1023

Requires breath or blood test in motor vehicle accidents involving pedestrians.

WV LD1815

An Act to Require a Blood Test for Drugs for Drivers Involved in a Motor Vehicle Accident That Results in Serious Bodily Injury or Death

WV A2408

Requires blood sample to be obtained from driver involved in motor vehicle accident resulting in death; designated as "Michelle Sous' Law."

WV A3298

Requires blood sample to be obtained from driver involved in motor vehicle accident resulting in death; designated as "Michelle Sous' Law."

WV SB138

Requires postaccident drug testing when a traffic accident involves "serious bodily injury". (gov sig)

WV HB1674

Relating to the taking of a blood specimen on arrest following certain motor vehicle accidents.

WV HB1486

Motor Vehicles - Accidents - Required Testing for Impaired Driving (Mateo's Law)

WV SB565

Motor Vehicles - Accidents - Required Testing for Impaired Driving (Mateo's Law)

Similar Bills

No similar bills found.