{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-267.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-267.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-267.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-267.html"}],"law_id":58511,"edition_id":1,"section_id":58511,"structure_id":13849,"section_number":"18.2-267","catch_line":"Preliminary analysis of breath to determine alcoholic content of blood","history":"Code 1950, \u00a7 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; 2024, c. 759.","full_text":"A\n\nAny 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 have the right, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood. The person shall have the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. His breath may be analyzed by any police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff’s department in the normal discharge of his duties.B\n\nThe Department of Forensic Science shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff’s departments of the same.C\n\nAny 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 department and is suspected by such officer to be guilty of an offense listed in subsection A, shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution for an offense listed in subsection A.D\n\nWhenever the breath sample analysis indicates that alcohol is present in the person’s blood, the officer may charge the person with a violation of an offense listed in subsection A. The person so charged shall then be subject to the provisions of §§ 18.2-268.1 through 18.2-268.12, or of a similar ordinance.E\n\nThe results of the breath analysis shall not be admitted into evidence in any prosecution for an offense listed in subsection A, the purpose of this section being to permit a preliminary analysis of the alcoholic content of the blood of a person suspected of having committed an offense listed in subsection A.F\n\nPolice officers or members of any sheriff’s department shall, upon stopping any person suspected of having committed an offense listed in subsection A, advise the person of his rights under the provisions of this section. If a police officer or a member of any sheriff’s department fails to advise a person of his rights under the provisions of this section, any breath sample obtained pursuant to this section shall not be admissible by the Commonwealth in any motion to suppress for the purpose of determining probable cause.G\n\nNothing in this section shall be construed as limiting the provisions of §§ 18.2-268.1 through 18.2-268.12.","order_by":null,"text":{"0":{"id":214437,"text":"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 have the right, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood. The person shall have the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. His breath may be analyzed by any police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff’s department in the normal discharge of his duties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214438,"text":"The Department of Forensic Science shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff’s departments of the same.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214439,"text":"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 department and is suspected by such officer to be guilty of an offense listed in subsection A, shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution for an offense listed in subsection A.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":214440,"text":"Whenever the breath sample analysis indicates that alcohol is present in the person’s blood, the officer may charge the person with a violation of an offense listed in subsection A. The person so charged shall then be subject to the provisions of §§ 18.2-268.1 through 18.2-268.12, or of a similar ordinance.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":214441,"text":"The results of the breath analysis shall not be admitted into evidence in any prosecution for an offense listed in subsection A, the purpose of this section being to permit a preliminary analysis of the alcoholic content of the blood of a person suspected of having committed an offense listed in subsection A.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":214442,"text":"Police officers or members of any sheriff’s department shall, upon stopping any person suspected of having committed an offense listed in subsection A, advise the person of his rights under the provisions of this section. If a police officer or a member of any sheriff’s department fails to advise a person of his rights under the provisions of this section, any breath sample obtained pursuant to this section shall not be admissible by the Commonwealth in any motion to suppress for the purpose of determining probable cause.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":214443,"text":"Nothing in this section shall be construed as limiting the provisions of §§ 18.2-268.1 through 18.2-268.12.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13849,"edition_id":1,"name":"Driving Motor Vehicle, etc., While Intoxicated","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:04","date_modified":"2026-06-26 03:46:04","permalink":{"id":166823,"object_type":"structure","relational_id":13849,"identifier":"2","token":"18.2\/7\/2","url":"\/18.2\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67410,"structure_id":13849,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","url":"\/18.2-266\/","token":"18.2\/7\/2\/18.2-266","metadata":false},{"id":63203,"structure_id":13849,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","url":"\/18.2-266.1\/","token":"18.2\/7\/2\/18.2-266.1","metadata":false},{"id":58511,"structure_id":13849,"section_number":"18.2-267","catch_line":"Preliminary analysis of breath to determine alcoholic content of blood","url":"\/18.2-267\/","token":"18.2\/7\/2\/18.2-267","metadata":false},{"id":61872,"structure_id":13849,"section_number":"18.2-268","catch_line":"Repealed","url":"\/18.2-268\/","token":"18.2\/7\/2\/18.2-268","metadata":false},{"id":63409,"structure_id":13849,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","url":"\/18.2-268.1\/","token":"18.2\/7\/2\/18.2-268.1","metadata":false},{"id":77586,"structure_id":13849,"section_number":"18.2-268.10","catch_line":"Evidence of violation of driving under the influence offenses","url":"\/18.2-268.10\/","token":"18.2\/7\/2\/18.2-268.10","metadata":false},{"id":60331,"structure_id":13849,"section_number":"18.2-268.11","catch_line":"Substantial compliance","url":"\/18.2-268.11\/","token":"18.2\/7\/2\/18.2-268.11","metadata":false},{"id":55454,"structure_id":13849,"section_number":"18.2-268.12","catch_line":"Ordinances","url":"\/18.2-268.12\/","token":"18.2\/7\/2\/18.2-268.12","metadata":false},{"id":74659,"structure_id":13849,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","url":"\/18.2-268.2\/","token":"18.2\/7\/2\/18.2-268.2","metadata":false},{"id":54870,"structure_id":13849,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","url":"\/18.2-268.3\/","token":"18.2\/7\/2\/18.2-268.3","metadata":false},{"id":80937,"structure_id":13849,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","url":"\/18.2-268.4\/","token":"18.2\/7\/2\/18.2-268.4","metadata":false},{"id":75295,"structure_id":13849,"section_number":"18.2-268.5","catch_line":"Qualifications and liability of persons authorized to take blood sample; procedure for taking samples","url":"\/18.2-268.5\/","token":"18.2\/7\/2\/18.2-268.5","metadata":false},{"id":69540,"structure_id":13849,"section_number":"18.2-268.6","catch_line":"Transmission of blood samples","url":"\/18.2-268.6\/","token":"18.2\/7\/2\/18.2-268.6","metadata":false},{"id":84208,"structure_id":13849,"section_number":"18.2-268.7","catch_line":"Transmission of blood test samples; use as evidence","url":"\/18.2-268.7\/","token":"18.2\/7\/2\/18.2-268.7","metadata":false},{"id":71519,"structure_id":13849,"section_number":"18.2-268.8","catch_line":"Fees","url":"\/18.2-268.8\/","token":"18.2\/7\/2\/18.2-268.8","metadata":false},{"id":72188,"structure_id":13849,"section_number":"18.2-268.9","catch_line":"Assurance of breath-test validity; use of breath-test results as evidence","url":"\/18.2-268.9\/","token":"18.2\/7\/2\/18.2-268.9","metadata":false},{"id":71034,"structure_id":13849,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","url":"\/18.2-269\/","token":"18.2\/7\/2\/18.2-269","metadata":false},{"id":75350,"structure_id":13849,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","url":"\/18.2-270\/","token":"18.2\/7\/2\/18.2-270","metadata":false},{"id":81046,"structure_id":13849,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","url":"\/18.2-270.01\/","token":"18.2\/7\/2\/18.2-270.01","metadata":false},{"id":81550,"structure_id":13849,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","url":"\/18.2-270.1\/","token":"18.2\/7\/2\/18.2-270.1","metadata":false},{"id":81628,"structure_id":13849,"section_number":"18.2-270.2","catch_line":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","url":"\/18.2-270.2\/","token":"18.2\/7\/2\/18.2-270.2","metadata":false},{"id":80969,"structure_id":13849,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","url":"\/18.2-271\/","token":"18.2\/7\/2\/18.2-271","metadata":false},{"id":57797,"structure_id":13849,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","url":"\/18.2-271.1\/","token":"18.2\/7\/2\/18.2-271.1","metadata":false},{"id":74018,"structure_id":13849,"section_number":"18.2-271.2","catch_line":"Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary","url":"\/18.2-271.2\/","token":"18.2\/7\/2\/18.2-271.2","metadata":false},{"id":85453,"structure_id":13849,"section_number":"18.2-271.3","catch_line":"Repealed","url":"\/18.2-271.3\/","token":"18.2\/7\/2\/18.2-271.3","metadata":false},{"id":60570,"structure_id":13849,"section_number":"18.2-271.4","catch_line":"Oath of office","url":"\/18.2-271.4\/","token":"18.2\/7\/2\/18.2-271.4","metadata":false},{"id":79130,"structure_id":13849,"section_number":"18.2-271.5","catch_line":"Restricted permits to operate a motor vehicle; ignition interlock systems","url":"\/18.2-271.5\/","token":"18.2\/7\/2\/18.2-271.5","metadata":false},{"id":70219,"structure_id":13849,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","url":"\/18.2-272\/","token":"18.2\/7\/2\/18.2-272","metadata":false},{"id":75028,"structure_id":13849,"section_number":"18.2-273","catch_line":"Report of conviction to Department of Motor Vehicles","url":"\/18.2-273\/","token":"18.2\/7\/2\/18.2-273","metadata":false}],"previous_section":{"id":63203,"structure_id":13849,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","url":"\/18.2-266.1\/","token":"18.2\/7\/2\/18.2-266.1","metadata":false},"next_section":{"id":61872,"structure_id":13849,"section_number":"18.2-268","catch_line":"Repealed","url":"\/18.2-268\/","token":"18.2\/7\/2\/18.2-268","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-267\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 511; in 1975, chapters 14 and 15; in 1979, chapter 717; in 1985, chapters 355 and 609; in 1990, chapter 825; in 1992, chapter 830; in 1994, chapters 359<\/a> and 363<\/a>; in 1996, chapters 154<\/a> and 952<\/a>; in 2004, chapter 1013<\/a>; in 2005, chapters 757<\/a>, 840<\/a>, 868<\/a>, and 881<\/a>; in 2024, chapter 759<\/a>.<\/p>","references":[{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":59608,"section_number":"29.1-738.1","catch_line":"Analysis of breath to determine alcohol content of blood","order_by":null,"url":"\/29.1-738.1\/"}],"refers_to":[{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":63409,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","order_by":null,"url":"\/18.2-268.1\/"},{"id":55454,"section_number":"18.2-268.12","catch_line":"Ordinances","order_by":null,"url":"\/18.2-268.12\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"}],"permalink":{"id":166833,"object_type":"law","relational_id":58511,"identifier":"18.2-267","token":"18.2\/7\/2\/18.2-267","url":"\/18.2-267\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-267\/","token":"18.2\/7\/2\/18.2-267","dublin_core":{"Title":"Preliminary analysis of breath to determine alcoholic content of blood","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-267","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who is suspected of a violation of § 18.2-266<\/a>, 18.2-266.1<\/a>, subsection B of § 18.2-272<\/a>, or a similar ordinance<\/span> shall have the right, if such equipment is available, to have his breath analyzed to determine the probable alcoholic content of his blood. The person shall have the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. His breath may be analyzed by any police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff’s department in the normal discharge of his duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department of Forensic Science shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff’s departments of the same. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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 department and is suspected by such officer to be guilty of an offense<\/span> listed in subsection A, shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence<\/span> in any prosecution<\/span> for an offense<\/span> listed in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Whenever the breath sample analysis indicates that alcohol is present in the person’s blood, the officer may charge the person with a violation of an offense<\/span> listed in subsection A. The person so charged shall then be subject to the provisions of §§ 18.2-268.1<\/a> through 18.2-268.12<\/a>, or of a similar ordinance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The results of the breath analysis shall not be admitted into evidence<\/span> in any prosecution<\/span> for an offense<\/span> listed in subsection A, the purpose of this section being to permit a preliminary analysis of the alcoholic content of the blood of a person suspected of having committed an offense<\/span> listed in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Police officers or members of any sheriff’s department shall, upon stopping any person suspected of having committed an offense<\/span> listed in subsection A, advise the person of his rights under the provisions of this section. If a police officer or a member of any sheriff’s department fails to advise a person of his rights under the provisions of this section, any breath sample obtained pursuant to this section shall not be admissible<\/span> by the Commonwealth in any motion<\/span> to suppress<\/span> for the purpose of determining probable cause<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall be construed as limiting the provisions of §§ 18.2-268.1<\/a> through 18.2-268.12<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRELIMINARY ANALYSIS OF BREATH TO DETERMINE ALCOHOLIC CONTENT OF BLOOD (\u00a7\n18.2-267)\n\nA. Any person who is suspected of a violation of § 18.2-266, 18.2-266.1,\nsubsection B of § 18.2-272, or a similar ordinance shall have the right, if\nsuch equipment is available, to have his breath analyzed to determine the\nprobable alcoholic content of his blood. The person shall have the right to\nobserve the process of analysis and to see the blood-alcohol reading on the\nequipment used to perform the breath test. His breath may be analyzed by any\npolice officer of the Commonwealth, or of any county, city or town, or by any\nmember of a sheriff’s department in the normal discharge of his duties.\n\nB. The Department of Forensic Science shall determine the proper method and\nequipment to be used in analyzing breath samples taken pursuant to this section\nand shall advise the respective police and sheriff’s departments of the\nsame.\n\nC. Any person who has been stopped by a police officer of the Commonwealth, or\nof any county, city or town, or by any member of a sheriff’s department\nand is suspected by such officer to be guilty of an offense listed in subsection\nA, shall have the right to refuse to permit his breath to be so analyzed, and\nhis failure to permit such analysis shall not be evidence in any prosecution for\nan offense listed in subsection A.\n\nD. Whenever the breath sample analysis indicates that alcohol is present in the\nperson’s blood, the officer may charge the person with a violation of an\noffense listed in subsection A. The person so charged shall then be subject to\nthe provisions of §§ 18.2-268.1 through 18.2-268.12, or of a similar\nordinance.\n\nE. The results of the breath analysis shall not be admitted into evidence in any\nprosecution for an offense listed in subsection A, the purpose of this section\nbeing to permit a preliminary analysis of the alcoholic content of the blood of\na person suspected of having committed an offense listed in subsection A.\n\nF. Police officers or members of any sheriff’s department shall, upon\nstopping any person suspected of having committed an offense listed in\nsubsection A, advise the person of his rights under the provisions of this\nsection. If a police officer or a member of any sheriff’s department fails\nto advise a person of his rights under the provisions of this section, any\nbreath sample obtained pursuant to this section shall not be admissible by the\nCommonwealth in any motion to suppress for the purpose of determining probable\ncause.\n\nG. Nothing in this section shall be construed as limiting the provisions of\n§§ 18.2-268.1 through 18.2-268.12.\n\nHISTORY: Code 1950, \u00a7 18.1-54.1; 1970, c. 511; 1975, cc. 14, 15; 1979, c. 717;\n1985, cc. 355, 609; 1990, c. 825; 1992, c. 830; 1994, cc. 359, 363; 1996, cc.\n154, 952; 2004, c. 1013; 2005, cc. 757, 840, 868, 881; 2024, c. 759.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}