West Virginia Code 17C-25-7 – Right to demand test
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Any person lawfully arrested for operating an aircraft in this state while under the influence of alcohol, controlled substances, or drugs has the right to demand that a sample or specimen of his or her breath, blood, or urine be taken within two hours from and after the time of arrest and that a chemical test be performed. The analysis disclosed by the chemical test shall be made available to the arrested person immediately upon demand.
Terms Used In West Virginia Code 17C-25-7
- Aircraft: means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air. See West Virginia Code 17C-25-1
- Arrest: Taking physical custody of a person by lawful authority.
- Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. See West Virginia Code 17C-25-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10