(a) If any person under arrest as specified in 17C-5-4 of the W.Va. State Code refuses to submit to any secondary chemical test, the tests shall not be given: provided, that prior to such refusal, the person is given a written statement advising him that his refusal to submit to the secondary test finally designated 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. If a person initially refuses to submit to the designated secondary chemical test after being informed in writing of the consequences of such refusal, he shall be informed orally and in writing that the after fifteen minutes said refusal shall be deemed to be final and the arresting officer shall after said period of time expires have no further duty to provide the person with an opportunity to take the secondary test. The officer shall within forty-eight hours of such refusal, sign and submit to the Commissioner of Motor Vehicles a written statement of the officer that:
(1) He had reasonable grounds to believe such person had been driving a motor vehicle in this Municipality while under the influence of alcohol, controlled substances or drugs;
(2) Such person was lawfully placed under arrest for an offense relating to driving a motor vehicle in this Municipality while under the influence of alcohol, controlled substances or drugs;
(3) Such person refused to submit to the secondary chemical test finally designated in the manner provided in Section 333.04; and
(4) Such person was given a written statement advising him that his license to operate a motor vehicle in this State would be revoked for a period of at least one year and up to life if he refused to submit to the secondary test finally designated in the manner provided in Section 333.04.
The signing of the statement required to be signed by this section shall constitute an oath or affirmation by the person signing such statement that the statements contained therein are true and that any copy filed is a true copy. Such statement shall contain upon its face a warning to the officer signing that to willfully sign a statement containing false information concerning any matter or thing, material, or not material, is false swearing and is a misdemeanor.
(b) Any person who is unconscious or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn his consent for a test of his blood, breath or urine as provided in Section 333.04 and the test may be administered although such person is not informed that his failure to submit to the test will result in the revocation of his license to operate a motor vehicle in this State for the period provided for in this section.