{"data":{"id":"us-wv/w.-va.-code-17c-5-5","jurisdiction":"us-wv","citation":"W. Va. Code § 17C-5-5","heading":"Preliminary analysis of breath to determine alcoholic content of blood.","body":"When a law-enforcement officer has reason to believe a person has committed an offense prohibited by §17C-5-2 of this code or by an ordinance of a municipality of this state which has the same elements as an offense described in §17C-5-2 of this code, the law-enforcement officer may require such person to submit to a preliminary breath analysis for the purpose of determining such person's blood alcohol content. Such breath analysis must be administered as soon as possible after the law-enforcement officer has a reasonable belief that the person has been driving while under the influence of alcohol, controlled substances or drugs. Any preliminary breath analysis required under this section must be administered with a device and in a manner approved by the West Virginia State Police Forensic Laboratory for that purpose. The results of a preliminary breath analysis shall be used solely for the purpose of guiding the officer in deciding whether an arrest should be made. When a driver is arrested following a preliminary breath analysis, the tests as hereinafter provided in this article shall be administered in accordance with the provisions thereof.","path":["CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.","ARTICLE 5. SERIOUS TRAFFIC OFFENSES."],"source_url":"https://code.wvlegislature.gov/17C-5-5/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:24:21Z","sha256":"420be8b6182e524b67aaf4910b74e824d9fc5f8192101b66e9929f50dfd43948","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-17c-5-4","next":"us-wv/w.-va.-code-17c-5-6"},"notice":"GroundRules: Original legal text. Not legal advice."}