When a law enforcement officer has reason to believe a person has committed an offense prohibited by W.Va. Code § 17C-5-2 or by an ordinance of a municipality of this state which has the same elements as an offense described in said W.Va. Code § 17C-5-2, the law enforcement officer may require such person to submit to a preliminary breath analysis for the purpose of determining such person’s blood alcohol content. Such breath analysis must be administered as soon as possible after the law enforcement officer has a reasonable belief that the person has been driving while under the influence of alcohol, controlled substances or drugs. Any preliminary breath analysis required under this section must be administered with a device and in a manner approved by the Department of Health for that purpose. The results of a preliminary breath analysis shall be used solely for the purpose of guiding the officer in deciding whether an arrest should be made. When a driver is arrested following a preliminary breath analysis, the tests as hereinafter provided in this section shall be administered in accordance with the provisions thereof.
(Ord. passed 3-12-2007)