{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-187.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-187.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-187.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-187.02.html"}],"law_id":74057,"edition_id":1,"section_id":74057,"structure_id":16023,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","history":"2002, c. 749; 2005, c. 801; 2007, cc. 379, 679.","full_text":"A\n\nNotwithstanding any other provision of law, the written reports or records of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room are admissible in evidence as a business records exception to the hearsay rule in prosecutions for any violation of § 18.2-266 (driving while intoxicated) or a substantially similar local ordinance, § 18.2-36.1 (involuntary manslaughter resulting from driving while intoxicated), § 18.2-36.2 (involuntary manslaughter resulting from boating while intoxicated), § 18.2-51.4 (maiming resulting from driving while intoxicated), § 18.2-51.5 (maiming resulting from boating while intoxicated), § 29.1-738 (boating while intoxicated), or § 46.2-341.24 (driving a commercial vehicle while intoxicated).B\n\nThe provisions of law pertaining to confidentiality of medical records and medical treatment shall not be applicable to reports or records of blood alcohol tests sought or admitted as evidence under the provisions of this section in prosecutions as specified in subsection A. Owners or custodians of such reports or records may disclose them, in accordance with regulations concerning patient privacy promulgated by the U.S. Department of Health and Human Services, without obtaining consent or authorization for such disclosure. No person who is involved in taking blood or conducting blood alcohol tests shall be liable for civil damages for breach of confidentiality or unauthorized release of medical records because of the evidentiary use of blood alcohol test results under this section, or as a result of that person’s testimony given pursuant to this section.","order_by":null,"text":{"0":{"id":266366,"text":"Notwithstanding any other provision of law, the written reports or records of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room are admissible in evidence as a business records exception to the hearsay rule in prosecutions for any violation of § 18.2-266 (driving while intoxicated) or a substantially similar local ordinance, § 18.2-36.1 (involuntary manslaughter resulting from driving while intoxicated), § 18.2-36.2 (involuntary manslaughter resulting from boating while intoxicated), § 18.2-51.4 (maiming resulting from driving while intoxicated), § 18.2-51.5 (maiming resulting from boating while intoxicated), § 29.1-738 (boating while intoxicated), or § 46.2-341.24 (driving a commercial vehicle while intoxicated).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266367,"text":"The provisions of law pertaining to confidentiality of medical records and medical treatment shall not be applicable to reports or records of blood alcohol tests sought or admitted as evidence under the provisions of this section in prosecutions as specified in subsection A. Owners or custodians of such reports or records may disclose them, in accordance with regulations concerning patient privacy promulgated by the U.S. Department of Health and Human Services, without obtaining consent or authorization for such disclosure. No person who is involved in taking blood or conducting blood alcohol tests shall be liable for civil damages for breach of confidentiality or unauthorized release of medical records because of the evidentiary use of blood alcohol test results under this section, or as a result of that person’s testimony given pursuant to this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":16023,"edition_id":1,"name":"Preliminary Hearing","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 04:04:10","date_modified":"2026-06-26 04:04:10","permalink":{"id":168621,"object_type":"structure","relational_id":16023,"identifier":"12","token":"19.2\/12","url":"\/19.2\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76815,"structure_id":16023,"section_number":"19.2-183","catch_line":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","url":"\/19.2-183\/","token":"19.2\/12\/19.2-183","metadata":false},{"id":73768,"structure_id":16023,"section_number":"19.2-183.1","catch_line":"Joint preliminary hearings","url":"\/19.2-183.1\/","token":"19.2\/12\/19.2-183.1","metadata":false},{"id":75822,"structure_id":16023,"section_number":"19.2-184","catch_line":"Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section)","url":"\/19.2-184\/","token":"19.2\/12\/19.2-184","metadata":false},{"id":82925,"structure_id":16023,"section_number":"19.2-185","catch_line":"Testimony may be reduced to writing and subscribed","url":"\/19.2-185\/","token":"19.2\/12\/19.2-185","metadata":false},{"id":79502,"structure_id":16023,"section_number":"19.2-186","catch_line":"When accused to be discharged, tried, committed or bailed by judge","url":"\/19.2-186\/","token":"19.2\/12\/19.2-186","metadata":false},{"id":77353,"structure_id":16023,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","url":"\/19.2-187\/","token":"19.2\/12\/19.2-187","metadata":false},{"id":77294,"structure_id":16023,"section_number":"19.2-187.01","catch_line":"Certificate of analysis as evidence of chain of custody of material described therein","url":"\/19.2-187.01\/","token":"19.2\/12\/19.2-187.01","metadata":false},{"id":74057,"structure_id":16023,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","url":"\/19.2-187.02\/","token":"19.2\/12\/19.2-187.02","metadata":false},{"id":73680,"structure_id":16023,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","url":"\/19.2-187.1\/","token":"19.2\/12\/19.2-187.1","metadata":false},{"id":62769,"structure_id":16023,"section_number":"19.2-187.2","catch_line":"Procedure for subpoena duces tecum of analysis evidence","url":"\/19.2-187.2\/","token":"19.2\/12\/19.2-187.2","metadata":false},{"id":84831,"structure_id":16023,"section_number":"19.2-188","catch_line":"Reports by Chief Medical Examiner received as evidence","url":"\/19.2-188\/","token":"19.2\/12\/19.2-188","metadata":false},{"id":67789,"structure_id":16023,"section_number":"19.2-188.1","catch_line":"Testimony regarding identification of controlled substances","url":"\/19.2-188.1\/","token":"19.2\/12\/19.2-188.1","metadata":false},{"id":86564,"structure_id":16023,"section_number":"19.2-188.2","catch_line":"Certificate of surgeon as evidence","url":"\/19.2-188.2\/","token":"19.2\/12\/19.2-188.2","metadata":false},{"id":67819,"structure_id":16023,"section_number":"19.2-188.3","catch_line":"Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-188.3\/","token":"19.2\/12\/19.2-188.3","metadata":false},{"id":75982,"structure_id":16023,"section_number":"19.2-188.4","catch_line":"Two-way video testimony related to certain forensic medical examinations","url":"\/19.2-188.4\/","token":"19.2\/12\/19.2-188.4","metadata":false},{"id":75244,"structure_id":16023,"section_number":"19.2-189","catch_line":"Commitment of accused for further examination","url":"\/19.2-189\/","token":"19.2\/12\/19.2-189","metadata":false},{"id":81953,"structure_id":16023,"section_number":"19.2-190","catch_line":"To whom, and when, examination and recognizance to be certified","url":"\/19.2-190\/","token":"19.2\/12\/19.2-190","metadata":false},{"id":64672,"structure_id":16023,"section_number":"19.2-190.1","catch_line":"Certification of ancillary misdemeanor offenses","url":"\/19.2-190.1\/","token":"19.2\/12\/19.2-190.1","metadata":false},{"id":77289,"structure_id":16023,"section_number":"19.2-190.2","catch_line":"Withdrawal of privately retained counsel","url":"\/19.2-190.2\/","token":"19.2\/12\/19.2-190.2","metadata":false}],"previous_section":{"id":77294,"structure_id":16023,"section_number":"19.2-187.01","catch_line":"Certificate of analysis as evidence of chain of custody of material described therein","url":"\/19.2-187.01\/","token":"19.2\/12\/19.2-187.01","metadata":false},"next_section":{"id":73680,"structure_id":16023,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","url":"\/19.2-187.1\/","token":"19.2\/12\/19.2-187.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-187.02\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 749<\/a> 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. 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, chapter 801<\/a>; in 2007, chapters 379<\/a> and 679<\/a>.<\/p>","references":false,"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":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"id":71288,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","order_by":null,"url":"\/18.2-36.2\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":71114,"section_number":"18.2-51.5","catch_line":"Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty","order_by":null,"url":"\/18.2-51.5\/"},{"id":87020,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","order_by":null,"url":"\/29.1-738\/"},{"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":168651,"object_type":"law","relational_id":74057,"identifier":"19.2-187.02","token":"19.2\/12\/19.2-187.02","url":"\/19.2-187.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-187.02\/","token":"19.2\/12\/19.2-187.02","dublin_core":{"Title":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-187.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, the written reports or records of blood alcohol tests conducted upon persons receiving medical treatment in a hospital or emergency room are admissible<\/span> in evidence<\/span> as a business records exception to the hearsay<\/span> rule in prosecutions<\/span> for any violation of § 18.2-266<\/a> (driving while intoxicated) or a substantially similar local ordinance<\/span>, § 18.2-36.1<\/a> (involuntary manslaughter<\/span> resulting from driving while intoxicated), § 18.2-36.2<\/a> (involuntary manslaughter<\/span> resulting from boating while intoxicated), § 18.2-51.4<\/a> (maiming resulting from driving while intoxicated), § 18.2-51.5<\/a> (maiming resulting from boating while intoxicated), § 29.1-738<\/a> (boating while intoxicated), or § 46.2-341.24<\/a> (driving a commercial vehicle while intoxicated). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of law<\/span> pertaining to confidentiality of medical records and medical treatment shall not be applicable to reports or records of blood alcohol tests sought or admitted as evidence<\/span> under the provisions of this section in prosecutions<\/span> as specified in subsection A. Owners or custodians of such reports or records may disclose them, in accordance with regulations concerning patient privacy promulgated by the U.S. Department of Health and Human Services, without obtaining consent or authorization for such disclosure. No person who is involved in taking blood or conducting blood alcohol tests shall be liable for civil damages<\/span> for breach of confidentiality or unauthorized release of medical records because of the evidentiary use of blood alcohol test results under this section, or as a result of that person’s testimony<\/span> given pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMISSIBILITY OF WRITTEN REPORTS OR RECORDS OF BLOOD ALCOHOL TESTS CONDUCTED IN\nTHE REGULAR COURSE OF PROVIDING EMERGENCY MEDICAL TREATMENT (\u00a7 19.2-187.02)\n\nA. Notwithstanding any other provision of law, the written reports or records of\nblood alcohol tests conducted upon persons receiving medical treatment in a\nhospital or emergency room are admissible in evidence as a business records\nexception to the hearsay rule in prosecutions for any violation of §\n18.2-266 (driving while intoxicated) or a substantially similar local ordinance,\n§ 18.2-36.1 (involuntary manslaughter resulting from driving while\nintoxicated), § 18.2-36.2 (involuntary manslaughter resulting from boating\nwhile intoxicated), § 18.2-51.4 (maiming resulting from driving while\nintoxicated), § 18.2-51.5 (maiming resulting from boating while\nintoxicated), § 29.1-738 (boating while intoxicated), or § 46.2-341.24\n(driving a commercial vehicle while intoxicated).\n\nB. The provisions of law pertaining to confidentiality of medical records and\nmedical treatment shall not be applicable to reports or records of blood alcohol\ntests sought or admitted as evidence under the provisions of this section in\nprosecutions as specified in subsection A. Owners or custodians of such reports\nor records may disclose them, in accordance with regulations concerning patient\nprivacy promulgated by the U.S. Department of Health and Human Services, without\nobtaining consent or authorization for such disclosure. No person who is\ninvolved in taking blood or conducting blood alcohol tests shall be liable for\ncivil damages for breach of confidentiality or unauthorized release of medical\nrecords because of the evidentiary use of blood alcohol test results under this\nsection, or as a result of that person’s testimony given pursuant to this\nsection.\n\nHISTORY: 2002, c. 749; 2005, c. 801; 2007, cc. 379, 679.","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}}