Shown verbatim: the complete text as captured from the official PDF posted by the West Virginia Legislature, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
Enrolled
Committee Substitute
for
Senate Bill 575
BY SENATORS BARRETT, WILLIS, AND DEEDS
[Passed March 14, 2026; in effect 90 days from
passage (June 12, 2026)]
Enr CS for SB 575
1 AN ACT to amend and reenact §17A-2-20 and §17C-5-7a of the Code of West Virginia, 1931, as
2 amended, relating to refusal review hearings; clarifying legal representation at refusal
3 review hearings; providing that either the prosecuting attorney of the county with
4 jurisdiction or legal representative of the municipality with jurisdiction shall appear in and
5 attend to all matters related to a refusal review hearing; clarifying that certain provisions
6 do not confer upon the Division of Motor Vehicles the status of a party to any refusal review
7 proceeding; and clarifying that neither the prosecuting attorney of the county with
8 jurisdiction or legal representative of the municipality shall act as legal counsel for the
9 commissioner or the Division of Motor Vehicles.
Be it enacted by the Legislature of West Virginia:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§17A-2-20. Legal services rendered to the commissioner.
1 (a) It is the duty of the Attorney General and assistant attorneys general of this state, the
2 prosecuting attorneys of the several counties, and the legal representatives of the municipalities
3 of this state to render to the commissioner, without additional compensation, any legal services
4 as required in the discharge of the commissioner’s duties under the provisions of this chapter.
5 (b) Any legal services provided pursuant to the provisions of §17C-5-7a of this code:
6 (1) Are not services provided to the commissioner in the discharge of his or her duties;
7 and
8 (2) Are the sole responsibility of either the prosecuting attorney of the county with
9 jurisdiction over the matter or the legal representative of the municipality with jurisdiction over the
10 matter, as appropriate.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
1
Enr CS for SB 575
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-7a. Suspension of license to operate a motor vehicle for refusal of secondary test;
refusal review hearing.
1 (a) For the purposes of this section, the term "refusal review hearing" refers to a hearing
2 to review a person’s alleged refusal to submit to a secondary chemical test, as documented in a
3 statement submitted to the court by a law-enforcement officer pursuant to §17C-5-7 of this code.
4 (b) Subject to the provisions of this subsection, the court shall enter an order finding that
5 a person charged with a violation of §17C-5-2 of this code did refuse to submit to a secondary
6 chemical test, as required by §17C-5-4 of this code.
7 (1) At the person’s first appearance before the court, the court shall advise the person that
8 his or her license to operate a motor vehicle shall be revoked for the applicable period provided
9 in subsection (e) of this section, unless the person requests a refusal review hearing within 30
10 days following the first appearance.
11 (2) If the person does not request a refusal review hearing within 30 days following the
12 first appearance, the court shall enter an order finding that the person charged with a violation of
13 §17C-5-2 of this code did refuse to submit to a secondary chemical test.
14 (3) If the person requests a refusal review hearing within 30 days following the first
15 appearance, the court shall conduct the review and enter the appropriate order, as provided in
16 subsection (c) of this section.
17 (c) Refusal review hearing. —
18 (1) The court shall schedule and conduct a refusal review hearing if the person, named in
19 a statement submitted to the court by a law-enforcement officer pursuant to §17C-5-7 of this code,
20 requests the hearing within 30 days following his or her first appearance before the court. During
21 the refusal review hearing, the court shall review the statement documenting the person’s refusal
22 to submit to the secondary chemical test, along with any testimony or evidence presented by the
23 person or law-enforcement officer during the hearing.
2
Enr CS for SB 575
24 (2) Pursuant to the provisions of §7-4-1 and §8-10-2 of this code, either the prosecuting
25 attorney of the county with jurisdiction over the refusal review hearing or the legal representative
26 of the municipality with jurisdiction over the refusal review hearing shall appear in and attend to
27 all matters, actions, and proceedings of the refusal review hearing to protect the interests of the
28 state.
29 (3) Based on the hearing, the court shall enter an order finding that the person did refuse
30 to submit to a secondary chemical test if the court determines, by a preponderance of the
31 evidence, that:
32 (A) The arresting law-enforcement officer had reasonable grounds to believe the arrested
33 person had committed a violation of §17C-5-2 of this code;
34 (B) The law-enforcement officer requested the arrested person to submit to a chemical
35 test designated pursuant to §17C-5-4 of this code;
36 (C) At the time the test was requested, the law-enforcement officer administered the
37 required written and verbal warnings required by §17C-5-4 and §17C-5-7 of this code; and
38 (D) The arrested person refused to submit to a chemical test as requested by the
39 law-enforcement officer.
40 (4) If the court determines, by a preponderance of the evidence, that one or more of the
41 required conditions listed in subdivision (3) of this subsection did not occur, the court shall enter
42 an order finding that the person did not refuse to submit to the secondary chemical test. If the
43 court enters such an order, the Commissioner of the Division of Motor Vehicles may not revoke
44 the person’s license to operate a motor vehicle based on the alleged refusal to submit to a
45 secondary chemical test.
46 (d) The clerk of the court in which the charges are pending shall immediately transmit any
47 order entered pursuant to this section to the Commissioner of the Division of Motor Vehicles.
3
Enr CS for SB 575
48 (e) Upon receipt of an order provided pursuant to this section finding that a person did
49 refuse to submit to a secondary chemical test, the Commissioner of the Division of Motor Vehicles
50 shall revoke the person’s license to operate a motor vehicle as follows:
51 (1) For the first refusal to submit to the designated secondary chemical test, the
52 commissioner shall enter an order revoking the person’s license to operate a motor vehicle in this
53 state for a period of one year or for a period of 45 days, with an additional one year of participation
54 in the Motor Vehicle Alcohol Test and Lock Program in accordance with the provisions of
55 §17C-5A-3a of this code.
56 (2) If the person’s license to operate a motor vehicle has previously been revoked under
57 the provisions of this section, the commissioner shall, for the refusal to submit to the designated
58 secondary chemical test, enter an order revoking the person’s license to operate a motor vehicle
59 in this state for a period of 10 years. The license may be reissued in five years in accordance with
60 the provisions of §17C-5A-3 of this code.
61 (3) If the person’s license to operate a motor vehicle has previously been revoked more
62 than once under the provisions of this section, the commissioner shall, for the refusal to submit to
63 the designated secondary chemical test, enter an order revoking the person’s license to operate
64 a motor vehicle in this state for a period of life.
65 (f) The commissioner shall forward a copy of each order entered pursuant to this section
66 to the person by registered or certified mail, return receipt requested. An order shall contain the
67 reasons for any revocation and shall specify the revocation period imposed.
68 (g) A revocation ordered pursuant to this section shall run concurrently with the period of
69 any suspension or revocation imposed in accordance with §17C-5A-2 of this code.
70 (h) The provisions of this section do not confer upon the Division of Motor Vehicles the
71 status of a party to any refusal review proceeding. Nothing in this section shall be construed as
72 requiring either the prosecuting attorney of the county with jurisdiction over the refusal review
73 hearing or the legal representative of the municipality with jurisdiction over the refusal review
74 hearing to act as counsel for the commissioner or the Division of Motor Vehicles.
4
Enr CS for SB 575
The Clerk of the Senate and the Clerk of the House of Delegates hereby
certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the Senate
...............................................................
Clerk of the House of Delegates
Originated in the Senate.
In effect 90 days from passage.
...............................................................
President of the Senate
...............................................................
Speaker of the House of Delegates
__________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor
5Every fact on this page links to its source, starting with the official bill record.