18.2-267 - Preliminary analysis of breath to determine alcoholic content of blood. - Virginia Statutes

§ 18.2-267. Preliminary analysis of breath to determine alcoholic content ofblood.

A. Any person who is suspected of a violation of § 18.2-266, 18.2-266.1,subsection B of § 18.2-272, or a similar ordinance shall be entitled, if suchequipment is available, to have his breath analyzed to determine the probablealcoholic content of his blood. The person shall also be entitled, uponrequest, to observe the process of analysis and to see the blood-alcoholreading on the equipment used to perform the breath test. His breath may beanalyzed by any police officer of the Commonwealth, or of any county, city ortown, or by any member of a sheriff's department in the normal discharge ofhis duties.

B. The Department of Forensic Science shall determine the proper method andequipment to be used in analyzing breath samples taken pursuant to thissection and shall advise the respective police and sheriff's departments ofthe same.

C. Any person who has been stopped by a police officer of the Commonwealth,or of any county, city or town, or by any member of a sheriff's departmentand is suspected by such officer to be guilty of an offense listed insubsection A, shall have the right to refuse to permit his breath to be soanalyzed, and his failure to permit such analysis shall not be evidence inany prosecution for an offense listed in subsection A.

D. Whenever the breath sample analysis indicates that alcohol is present inthe person's blood, the officer may charge the person with a violation of anoffense listed in subsection A. The person so charged shall then be subjectto the provisions of §§ 18.2-268.1 through 18.2-268.12, or of a similarordinance.

E. The results of the breath analysis shall not be admitted into evidence inany prosecution for an offense listed in subsection A, the purpose of thissection being to permit a preliminary analysis of the alcoholic content ofthe blood of a person suspected of having committed an offense listed insubsection A.

F. Police officers or members of any sheriff's department shall, uponstopping any person suspected of having committed an offense listed insubsection A, advise the person of his rights under the provisions of thissection.

G. Nothing in this section shall be construed as limiting the provisions of§§ 18.2-268.1 through 18.2-268.12.

(Code 1950, § 18.1-54.1; 1970, c. 511; 1975, cc. 14, 15; 1979, c. 717; 1985,cc. 355, 609; 1990, c. 825; 1992, c. 830; 1994, cc. 359, 363; 1996, cc. 154,952; 2004, c. 1013; 2005, cc. 757, 840, 868, 881.)