(a) Any person who is licensed to operate a motor vehicle in this City and who drives a motor vehicle in this state shall be deemed to have given his consent by the operation thereof, subject to the provisions of this article, to a preliminary breath analysis and a secondary chemical test of either his blood, breath or urine for the purposes of determining the alcoholic content of his blood.
(b) A preliminary breath analysis may be administered in accordance with the provisions of Section 333.04 whenever a police officer has reasonable cause or a reasonable articulatable suspicion to believe a person to have been driving a motor vehicle in this City while under the influence of alcohol, controlled substances or drugs as prohibited by Section 333.01.
(c) A secondary test of blood, breath or urine shall be incidental to a lawful arrest and shall be administered at the direction of the arresting law enforcement officer having reasonable grounds or a reasonable articulatable suspicion to believe the person to have been driving a motor vehicle in this City while under the influence of alcohol, controlled substances or drugs as prohibited by Section 333.01.
(d) The Police Chief shall designate which one of the aforesaid secondary tests shall be administered. Provided, that if the test so designated is a blood test and the person so arrested refuses to submit to such blood test, then the law-enforcement officer making such arrest shall designate in lieu thereof, either a breath or urine test to be administered.
(e) Any person to whom a preliminary breath test is administered who is then arrested shall be given a written statement advising him or her that his or her refusal to submit to the secondary chemical test authorized by this article, will result in the revocation or his or her license to operate a motor vehicle in this state of a period of at least one year and up to life.
(f) Any law-enforcement officer who has been properly trained in the administration of any secondary chemical test authorized by this article, including, but not limited to, certification by the division of health in the operation of any equipment required for the collection and analysis of a breath sample, may conduct the test at any location in the city wherein the arrest is made; provided, that the law-enforcement officer may conduct the test at the nearest available properly functioning secondary chemical testing device outside the City pursuant to the provisions of West Virginia Code 17C-5-4.
(g) If the arresting officer lacks proper training in the administration of a secondary chemical test, then any other law-enforcement officer who has received training in the administration of the secondary chemical test to be administered may, upon the request of the arresting law-enforcement officer and in his or her presence, conduct the secondary chemical test. The results of a test conducted pursuant to this subsection may be used in evidence to the same extent and in the same manner as if the test had been conducted by the arresting officer.
(h) Only the person actually administering or conducting a test conducted pursuant to this article is competent to testify as to the results and the veracity of the test.
(Ord. 1270. Passed 5-25-04.)