§ 72.037 PROCEDURE ON ARREST.
   If a person is arrested for an offense under the provisions of this subchapter, unless the provisions of W. Va. Code § 17C-19-3 require that the person arrested be taken immediately before a magistrate for an offense described in that section, the provisions of W. Va. Code Article 17C-19 regarding the issuance of a traffic citation containing a notice to appear applies.
(W. Va. Code § 17C-5D-4)