Falling Waters, W.Va. -- Delegate Larry D. Kump is introducing an amendment to House Bill 2513.
Kump's proposal would require that that law enforcement officers obtain a court warrant, through due process, before they can remove a citizen from their car, drive them to a hospital and force them to undergo a blood test or immediately lose their driving privileges.
House Bill 2513, which was passed in the 2013 session of the West Virginia House of Delegates and signed into law by the Governor does just that.
Delegate Kump voted against it.
“We are a nation of laws, and the Constitution is the highest law of the land. Until a warrant is obtained, the citizens of West Virginia have Constitutional protection of their person, property and possessions, and if your blood is not your possession, I don't know what is." said Delegate Kump.
"No one wants people to drive drunk or drugged", continued Kump, “However the Constitution is clear. A very similar law in Missouri was judged unconstitutional by the Supreme Court earlier this year, as it is a clear violation of the 4th Amendment."