{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-268.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-268.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-268.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-268.1.html"}],"law_id":63409,"edition_id":1,"section_id":63409,"structure_id":13849,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","history":"1992, c. 830; 2005, cc. 868, 881; 2020, cc. 1227, 1246.","full_text":"As used in \u00a7\u00a7 18.2-268.2 through 18.2-268.12, unless the context clearly indicates otherwise:\n\t\tThe phrase “alcohol or drug” means alcohol, a drug or drugs, or any combination of alcohol and a drug or drugs.\n\t\tThe phrase “blood or breath” means either or both.\n\t\t“Chief police officer” means the sheriff in any county not having a chief of police, the chief of police of any county having a chief of police, the chief of police of the city, or the sergeant or chief of police of the town in which the charge will be heard, or their authorized representatives.\n\t\t“Department” means the Department of Forensic Science.\n\t\t“Director” means the Director of the Department of Forensic Science.\n\t\t“License” means any driver’s license as defined in \u00a7 18.2-6.\n\t\t“Ordinance” means a county, city or town ordinance.","order_by":null,"text":{"0":{"id":231097,"text":"As used in \u00a7\u00a7 18.2-268.2 through 18.2-268.12, unless the context clearly indicates otherwise:\n\t\tThe phrase “alcohol or drug” means alcohol, a drug or drugs, or any combination of alcohol and a drug or drugs.\n\t\tThe phrase “blood or breath” means either or both.\n\t\t“Chief police officer” means the sheriff in any county not having a chief of police, the chief of police of any county having a chief of police, the chief of police of the city, or the sergeant or chief of police of the town in which the charge will be heard, or their authorized representatives.\n\t\t“Department” means the Department of Forensic Science.\n\t\t“Director” means the Director of the Department of Forensic Science.\n\t\t“License” means any driver’s license as defined in \u00a7 18.2-6.\n\t\t“Ordinance” means a county, city or town ordinance.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-268.1\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 830 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2005, chapters 868<\/a> and 881<\/a>; in 2020, chapters 1227<\/a> and 1246<\/a>.<\/p>","references":[{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":61806,"section_number":"16.1-69.48","catch_line":"Fees and fines","order_by":null,"url":"\/16.1-69.48\/"},{"id":58511,"section_number":"18.2-267","catch_line":"Preliminary analysis of breath to determine alcoholic content of blood","order_by":null,"url":"\/18.2-267\/"},{"id":55454,"section_number":"18.2-268.12","catch_line":"Ordinances","order_by":null,"url":"\/18.2-268.12\/"},{"id":71034,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","order_by":null,"url":"\/18.2-269\/"},{"id":80969,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","order_by":null,"url":"\/18.2-271\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":60579,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","order_by":null,"url":"\/29.1-738.2\/"},{"id":86335,"section_number":"46.2-341.18","catch_line":"Disqualification for certain offenses","order_by":null,"url":"\/46.2-341.18\/"},{"id":81010,"section_number":"8.01-44.5","catch_line":"Punitive damages for persons injured by intoxicated drivers","order_by":null,"url":"\/8.01-44.5\/"},{"id":82248,"section_number":"9.1-501","catch_line":"Conduct of investigation","order_by":null,"url":"\/9.1-501\/"}],"refers_to":[{"id":55454,"section_number":"18.2-268.12","catch_line":"Ordinances","order_by":null,"url":"\/18.2-268.12\/"},{"id":74659,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","order_by":null,"url":"\/18.2-268.2\/"},{"id":80038,"section_number":"18.2-6","catch_line":"Meaning of certain terms","order_by":null,"url":"\/18.2-6\/"}],"permalink":{"id":166841,"object_type":"law","relational_id":63409,"identifier":"18.2-268.1","token":"18.2\/7\/2\/18.2-268.1","url":"\/18.2-268.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-268.1\/","token":"18.2\/7\/2\/18.2-268.1","dublin_core":{"Title":"Chemical testing to determine alcohol or drug content of blood; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-268.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in \u00a7\u00a7 18.2-268.2<\/a> through 18.2-268.12<\/a>, unless the context clearly indicates otherwise:\n\t\tThe phrase “alcohol or drug<\/span>” means alcohol, a drug or drugs, or any combination of alcohol and a drug or drugs.\n\t\tThe phrase “blood or breath<\/span>” means either or both.\n\t\t“Chief police officer<\/span>” means the sheriff in any county not having a chief of police, the chief of police of any county having a chief of police, the chief of police of the city, or the sergeant or chief of police of the town in which the charge will be heard, or their authorized representatives.\n\t\t“Department<\/span>” means the Department<\/span> of Forensic Science.\n\t\t“Director<\/span>” means the Director<\/span> of the Department<\/span> of Forensic Science.\n\t\t“License<\/span>” means any driver’s license<\/span> as defined in \u00a7 18.2-6<\/a>.\n\t\t“Ordinance<\/span>” means a county, city or town ordinance<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHEMICAL TESTING TO DETERMINE ALCOHOL OR DRUG CONTENT OF BLOOD; DEFINITIONS (\u00a7\n18.2-268.1)\n\nAs used in \u00a7\u00a7 18.2-268.2 through 18.2-268.12, unless the context clearly\nindicates otherwise:\n\t\tThe phrase “alcohol or drug” means alcohol, a drug or drugs, or\nany combination of alcohol and a drug or drugs.\n\t\tThe phrase “blood or breath” means either or both.\n\t\t“Chief police officer” means the sheriff in any county not having\na chief of police, the chief of police of any county having a chief of police,\nthe chief of police of the city, or the sergeant or chief of police of the town\nin which the charge will be heard, or their authorized representatives.\n\t\t“Department” means the Department of Forensic Science.\n\t\t“Director” means the Director of the Department of Forensic\nScience.\n\t\t“License” means any driver’s license as defined in \u00a7\n18.2-6.\n\t\t“Ordinance” means a county, city or town ordinance.\n\nHISTORY: 1992, c. 830; 2005, cc. 868, 881; 2020, cc. 1227, 1246.","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}}