(a) Any person who drives a motor vehicle upon the public streets or highways of this City shall be deemed to have given his consent by the operation thereof, subject to the provisions of West Virginia Code Article 17C-5 et seq., 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. A preliminary breath analysis may be administered in accordance with the provisions of West Virginia Code 17C-5-5 whenever a police officer has reasonable cause to believe a person to have been driving a motor vehicle upon the public streets and highways while under the influence of alcohol, controlled substance or drugs as prohibited by Section 333.01. 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 to believe the person to have been driving a motor vehicle upon the public streets or highways while under the influence of alcohol, controlled substances or drugs as prohibited by Section 333.01. 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 be administered, and notwithstanding the provisions of West Virginia Code 17C-5-7 such refusal to submit to a blood test only shall not result in the suspension of the arrested person’s license to operate a motor vehicle in this State. Any person to whom a preliminary breath test is administered who is then arrested shall be told that his refusal to submit to the secondary test finally designated as provided in this section, will result in the suspension of his license to operate a motor vehicle in this State for a period of one year.
(b) For the purpose of this article the term “law enforcement officer” shall mean and be limited to any member of the police department of this City. Only the person actually administering or conducting such test shall be competent to testify as to the results and veracity of such tests. (WVaC 17C-5-4)