{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-269.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-269.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-269.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-269.html"}],"law_id":71034,"edition_id":1,"section_id":71034,"structure_id":13849,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","history":"Code 1950, \u00a7 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; 2017, c. 623.","full_text":"A\n\nIn any prosecution for a violation of \u00a7 18.2-36.1 or clause (ii), (iii), or (iv) of \u00a7 18.2-266 or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of \u00a7\u00a7 18.2-268.1 through 18.2-268.12 or (ii) performed by the Department of Forensic Science in accordance with the provisions of \u00a7\u00a7 18.2-268.5, 18.2-268.6, and 18.2-268.7 on the suspect’s whole blood drawn pursuant to a search warrant shall give rise to the following rebuttable presumptions:1\n\nIf there was at that time 0.05 percent or less by weight by volume of alcohol in the accused’s blood or 0.05 grams or less per 210 liters of the accused’s breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense;2\n\nIf there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused’s blood or 0.05 grams but less than 0.08 grams per 210 liters of the accused’s breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused;3\n\nIf there was at that time 0.08 percent or more by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or4\n\nIf there was at that time an amount of the following substances at a level that is equal to or greater than: (i) 0.02 milligrams of cocaine per liter of blood, (ii) 0.1 milligrams of methamphetamine per liter of blood, (iii) 0.01 milligrams of phencyclidine per liter of blood, or (iv) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs at the time of the alleged offense to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.B\n\nThe provisions of this section shall not apply to and shall not affect any prosecution for a violation of § 46.2-341.24.","order_by":null,"text":{"0":{"id":256097,"text":"In any prosecution for a violation of \u00a7 18.2-36.1 or clause (ii), (iii), or (iv) of \u00a7 18.2-266 or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of \u00a7\u00a7 18.2-268.1 through 18.2-268.12 or (ii) performed by the Department of Forensic Science in accordance with the provisions of \u00a7\u00a7 18.2-268.5, 18.2-268.6, and 18.2-268.7 on the suspect’s whole blood drawn pursuant to a search warrant shall give rise to the following rebuttable presumptions:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":256098,"text":"If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused’s blood or 0.05 grams or less per 210 liters of the accused’s breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":256099,"text":"If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused’s blood or 0.05 grams but less than 0.08 grams per 210 liters of the accused’s breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":256100,"text":"If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":256101,"text":"If there was at that time an amount of the following substances at a level that is equal to or greater than: (i) 0.02 milligrams of cocaine per liter of blood, (ii) 0.1 milligrams of methamphetamine per liter of blood, (iii) 0.01 milligrams of phencyclidine per liter of blood, or (iv) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs at the time of the alleged offense to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":256102,"text":"The provisions of this section shall not apply to and shall not affect any prosecution for a violation of § 46.2-341.24.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-269\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1960, chapter 358; in 1964, chapter 240; in 1966, chapter 636; in 1972, chapter 757; in 1973, chapter 459; in 1975, chapters 14 and 15; in 1977, chapter 638; in 1983, chapter 504; in 1986, chapter 635; in 1989, chapters 554, 574, and 705; in 1992, chapter 830; in 1994, chapters 359<\/a> and 363<\/a>; in 2005, chapter 616<\/a>; in 2017, chapter 623<\/a>.<\/p>","references":[{"id":82349,"section_number":"29.1-738.3","catch_line":"Presumptions from alcohol or drug content","order_by":null,"url":"\/29.1-738.3\/"}],"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":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":75295,"section_number":"18.2-268.5","catch_line":"Qualifications and liability of persons authorized to take blood sample; procedure for taking samples","order_by":null,"url":"\/18.2-268.5\/"},{"id":69540,"section_number":"18.2-268.6","catch_line":"Transmission of blood samples","order_by":null,"url":"\/18.2-268.6\/"},{"id":84208,"section_number":"18.2-268.7","catch_line":"Transmission of blood test samples; use as evidence","order_by":null,"url":"\/18.2-268.7\/"},{"id":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"id":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"}],"permalink":{"id":166889,"object_type":"law","relational_id":71034,"identifier":"18.2-269","token":"18.2\/7\/2\/18.2-269","url":"\/18.2-269\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-269\/","token":"18.2\/7\/2\/18.2-269","dublin_core":{"Title":"Presumptions from alcohol or drug content of blood","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-269","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any prosecution<\/span> for a violation of \u00a7 18.2-36.1<\/a> or clause (ii), (iii), or (iv) of \u00a7 18.2-266<\/a> or any similar ordinance<\/span>, the amount of alcohol or drugs in the blood of the accused<\/span> at the time of the alleged offense<\/span> as indicated by a chemical analysis of a sample of the accused<\/span>’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of \u00a7\u00a7 18.2-268.1<\/a> through 18.2-268.12<\/a> or (ii) performed by the Department of Forensic Science in accordance with the provisions of \u00a7\u00a7 18.2-268.5<\/a>, 18.2-268.6<\/a>, and 18.2-268.7<\/a> on the suspect’s whole blood drawn pursuant to a search warrant<\/span> shall give rise to the following rebuttable presumptions<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused<\/span>’s blood or 0.05 grams or less per 210 liters of the accused<\/span>’s breath, it shall be presumed that the accused<\/span> was not under the influence of alcohol intoxicants at the time of the alleged offense<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused<\/span>’s blood or 0.05 grams but less than 0.08 grams per 210 liters of the accused<\/span>’s breath, such facts<\/span> shall not give rise to any presumption<\/span> that the accused<\/span> was or was not under the influence of alcohol intoxicants at the time of the alleged offense<\/span>, but such facts<\/span> may be considered with other competent evidence<\/span> in determining the guilt or innocence of the accused<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused<\/span>’s blood or 0.08 grams or more per 210 liters of the accused<\/span>’s breath, it shall be presumed that the accused<\/span> was under the influence of alcohol intoxicants at the time of the alleged offense<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If there was at that time an amount of the following substances at a level that is equal to or greater than: (i) 0.02 milligrams of cocaine per liter of blood, (ii) 0.1 milligrams of methamphetamine per liter of blood, (iii) 0.01 milligrams of phencyclidine per liter of blood, or (iv) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused<\/span> was under the influence of drugs at the time of the alleged offense<\/span> to a degree which impairs his ability to drive or operate any motor vehicle<\/span>, engine or train safely. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this section shall not apply to and shall not affect any prosecution<\/span> for a violation of § 46.2-341.24<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTIONS FROM ALCOHOL OR DRUG CONTENT OF BLOOD (\u00a7 18.2-269)\n\nA. In any prosecution for a violation of \u00a7 18.2-36.1 or clause (ii), (iii), or\n(iv) of \u00a7 18.2-266 or any similar ordinance, the amount of alcohol or drugs in\nthe blood of the accused at the time of the alleged offense as indicated by a\nchemical analysis of a sample of the accused’s blood or breath to\ndetermine the alcohol or drug content of his blood (i) in accordance with the\nprovisions of \u00a7\u00a7 18.2-268.1 through 18.2-268.12 or (ii) performed by the\nDepartment of Forensic Science in accordance with the provisions of \u00a7\u00a7\n18.2-268.5, 18.2-268.6, and 18.2-268.7 on the suspect’s whole blood drawn\npursuant to a search warrant shall give rise to the following rebuttable\npresumptions:\n\n 1. If there was at that time 0.05 percent or less by weight by volume of\n alcohol in the accused’s blood or 0.05 grams or less per 210 liters of\n the accused’s breath, it shall be presumed that the accused was not\n under the influence of alcohol intoxicants at the time of the alleged offense;\n\n 2. If there was at that time in excess of 0.05 percent but less than 0.08\n percent by weight by volume of alcohol in the accused’s blood or 0.05\n grams but less than 0.08 grams per 210 liters of the accused’s breath,\n such facts shall not give rise to any presumption that the accused was or was\n not under the influence of alcohol intoxicants at the time of the alleged\n offense, but such facts may be considered with other competent evidence in\n determining the guilt or innocence of the accused;\n\n 3. If there was at that time 0.08 percent or more by weight by volume of\n alcohol in the accused’s blood or 0.08 grams or more per 210 liters of\n the accused’s breath, it shall be presumed that the accused was under\n the influence of alcohol intoxicants at the time of the alleged offense; or\n\n 4. If there was at that time an amount of the following substances at a level\n that is equal to or greater than: (i) 0.02 milligrams of cocaine per liter of\n blood, (ii) 0.1 milligrams of methamphetamine per liter of blood, (iii) 0.01\n milligrams of phencyclidine per liter of blood, or (iv) 0.1 milligrams of\n 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed\n that the accused was under the influence of drugs at the time of the alleged\n offense to a degree which impairs his ability to drive or operate any motor\n vehicle, engine or train safely.\n\nB. The provisions of this section shall not apply to and shall not affect any\nprosecution for a violation of § 46.2-341.24.\n\nHISTORY: Code 1950, \u00a7 18.1-57; 1960, c. 358; 1964, c. 240; 1966, c. 636; 1972,\nc. 757; 1973, c. 459; 1975, cc. 14, 15; 1977, c. 638; 1983, c. 504; 1986, c.\n635; 1989, cc. 554, 574, 705; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616;\n2017, c. 623.","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}}