Bill > SB575

This bill clarifies legal representation and responsibilities during refusal review hearings, which are proceedings to review a person's alleged refusal to submit to a secondary chemical test, often related to driving under the influence offenses. Specifically, it mandates that either the prosecuting attorney of the county or the legal representative of the municipality with jurisdiction over the case must handle all matters related to these hearings, ensuring the state's interests are protected. The bill also explicitly states that the Division of Motor Vehicles (DMV), which handles license revocations based on these hearings, is not considered a party to the refusal review proceeding itself, meaning it does not have a direct role in the hearing's legal arguments or outcomes beyond receiving the court's order.

Budget and Finance, Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=575&year=2026&sessiontype=RS&btype=bill