18.2-269 - Presumptions from alcohol or drug content of blood. - Virginia Statutes

§ 18.2-269. Presumptions from alcohol or drug content of blood.

A. In any prosecution for a violation of § 18.2-36.1 or clause (ii), (iii) or(iv) of § 18.2-266, or any similar ordinance, the amount of alcohol or drugsin the blood of the accused at the time of the alleged offense as indicatedby a chemical analysis of a sample of the accused's blood or breath todetermine the alcohol or drug content of his blood in accordance with theprovisions of §§ 18.2-268.1 through 18.2-268.12 shall give rise to thefollowing rebuttable presumptions:

(1) If there was at that time 0.05 percent or less by weight by volume ofalcohol in the accused's blood or 0.05 grams or less per 210 liters of theaccused's breath, it shall be presumed that the accused was not under theinfluence of alcohol intoxicants at the time of the alleged offense;

(2) If there was at that time in excess of 0.05 percent but less than 0.08percent by weight by volume of alcohol in the accused's blood or 0.05 gramsbut less than 0.08 grams per 210 liters of the accused's breath, such factsshall not give rise to any presumption that the accused was or was not underthe influence of alcohol intoxicants at the time of the alleged offense, butsuch facts may be considered with other competent evidence in determining theguilt or innocence of the accused;

(3) If there was at that time 0.08 percent or more by weight by volume ofalcohol in the accused's blood or 0.08 grams or more per 210 liters of theaccused's breath, it shall be presumed that the accused was under theinfluence of alcohol intoxicants at the time of the alleged offense; or

(4) If there was at that time an amount of the following substances at alevel that is equal to or greater than: (a) 0.02 milligrams of cocaine perliter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c)0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumedthat the accused was under the influence of drugs at the time of the allegedoffense to a degree which impairs his ability to drive or operate any motorvehicle, engine or train safely.

B. The provisions of this section shall not apply to and shall not affect anyprosecution for a violation of § 46.2-341.24.

(Code 1950, § 18.1-57; 1960, c. 358; 1964, c. 240; 1966, c. 636; 1972, c.757; 1973, c. 459; 1975, cc. 14, 15; 1977, c. 638; 1983, c. 504; 1986, c.635; 1989, cc. 554, 574, 705; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616.)