18.2-268.2 - Implied consent to post-arrest testing to determine drug or alcohol content of blood. - Virginia Statutes

§ 18.2-268.2. Implied consent to post-arrest testing to determine drug oralcohol content of blood.

A. Any person, whether licensed by Virginia or not, who operates a motorvehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shallbe deemed thereby, as a condition of such operation, to have consented tohave samples of his blood, breath, or both blood and breath taken for achemical test to determine the alcohol, drug, or both alcohol and drugcontent of his blood, if he is arrested for violation of § 18.2-266,18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance withinthree hours of the alleged offense.

B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2-266or both, § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinanceshall submit to a breath test. If the breath test is unavailable or theperson is physically unable to submit to the breath test, a blood test shallbe given. The accused shall, prior to administration of the test, be advisedby the person administering the test that he has the right to observe theprocess of analysis and to see the blood-alcohol reading on the equipmentused to perform the breath test. If the equipment automatically produces awritten printout of the breath test result, the printout, or a copy, shall begiven to the accused.

C. A person, after having been arrested for a violation of clause (iii),(iv), or (v) of § 18.2-266 or § 18.2-266.1 or subsection B of § 18.2-272 orof a similar ordinance, may be required to submit to a blood test todetermine the drug or both drug and alcohol content of his blood. When aperson, after having been arrested for a violation of § 18.2-266 (i) or (ii)or both, submits to a breath test in accordance with subsection B or refusesto take or is incapable of taking such a breath test, he may be required tosubmit to tests to determine the drug or both drug and alcohol content of hisblood if the law-enforcement officer has reasonable cause to believe theperson was driving under the influence of any drug or combination of drugs,or the combined influence of alcohol and drugs.

(1992, c. 830; 1993, c. 746; 1994, cc. 359, 363; 1995, c. 23; 2002, c. 748;2004, c. 1013; 2005, cc. 616, 757, 840.)