Bill > HB2870

This bill addresses a legal gap in driving under the influence (DUI) law by explicitly stating that a "Fleeing DUI" can now be considered a predicate offense for subsequent DUI charges. Specifically, the bill adds a new subsection (v) to the existing DUI statute that allows the Division of Motor Vehicles to use a previous "Fleeing DUI" incident as a basis for charging someone with a second or third offense DUI. This means that if a person has previously been charged with fleeing from a DUI stop, that incident can now count towards determining repeat offender status and potentially trigger more severe penalties. The bill gives the Division of Motor Vehicles the authority to create rules to implement this change, which effectively closes a potential loophole in the existing DUI enforcement framework and ensures that drivers who attempt to evade law enforcement during a suspected DUI can still be held accountable for repeat offenses.

Justice, Military Affairs and Security

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2870&year=2025&sessiontype=RS&btype=bill