(a) Any person who drives a motor vehicle in this Municipality 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. A preliminary breath analysis may be administered in accordance with the provisions of Section 333.05 whenever a law enforcement officer has reasonable cause to believe a person to have committed an offense prohibited by Section 333.01 of this article. 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 committed an offense prohibited by Section 333.01 of this article. The law enforcement agency by which such law enforcement officer is employed 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, and notwithstanding the provisions of Section 333.07, such refusal to submit to a blood test only shall not result in the revocation 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 given a written statement advising him that his refusal to submit to the secondary chemical test finally designated as provided in this section, will result in the revocation of his license to operate a motor vehicle in this State for a period of at least one year and up to life.
(b) For the purposes of this article, "law enforcement officer" or "police officer" shall mean and be limited to:
(1) Any member of the Department of Public Safety of this State,
(2) Any sheriff and any deputy sheriff of any county,
(3) Any member of a police department in any municipality as defined in section two [8-1-2], article one, chapter eight of the W.Va. Code and
(4) Any conservation officer of the Department of Natural Resources.
If this municipality does not have available to its law enforcement officers the testing equipment or facilities necessary to conduct any secondary test which a law enforcement officer may administer under this article, any member of the Department of Public Safety, the sheriff of the county wherein the arrest is made or any deputy or such sheriff or any municipal law enforcement officer of another municipality within the county wherein the arrest is made may, upon the request of such arresting law enforcement officer and in his presence, conduct such secondary test and the results of such test may be used in evidence to the same extent and in the same manner as if such test had been conducted by such arresting law enforcement officer. Only the person actually administering or conducting such test shall be competent to testify as to the results and the veracity of such test. (WVaC 17C-5-4)