18.2-268.11 - Substantial compliance. - Virginia Statutes

§ 18.2-268.11. Substantial compliance.

The steps set forth in §§ 18.2-268.2 through 18.2-268.9 relating to taking,handling, identifying, and disposing of blood or breath samples areprocedural and not substantive. Substantial compliance shall be sufficient.Failure to comply with any steps or portions thereof shall not of itself begrounds for finding the defendant not guilty, but shall go to the weight ofthe evidence and shall be considered with all the evidence in the case;however, the defendant shall have the right to introduce evidence on his ownbehalf to show noncompliance with the aforesaid procedures or any partthereof, and that as a result his rights were prejudiced.

(1992, c. 830; 2003, cc. 933, 936.)