{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/29.1-738.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/29.1-738.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/29.1-738.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/29.1-738.2.html"}],"law_id":60579,"edition_id":1,"section_id":60579,"structure_id":13558,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","history":"1989, c. 726; 1990, cc. 825, 929; 1992, c. 830; 1995, c. 130; 1996, c. 631; 2001, c. 779; 2005, c. 616; 2007, c. 168.","full_text":"A\n\nAny person who operates a watercraft or motorboat which is underway upon waters of the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if such person is arrested for operating a watercraft or motorboat which is underway in violation of subsection B of § 29.1-738, § 29.1-738.02, or of a similar ordinance of any county, city or town, within three hours of the alleged offense. Any person so arrested for a violation of clause (i) or (ii), or both, of subsection B of § 29.1-738, § 29.1-738.02, or of a similar ordinance, shall submit to a breath test. If the breath test is not available, or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If such equipment automatically produces a written printout of the breath test result, this written printout, or a copy thereof, shall be given to the accused in each case.B\n\nAny person, after having been arrested for a violation of clause (iii), (iv), or (v) of subsection B of § 29.1-738, § 29.1-738.02, or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of clause (i) or (ii), or both, of subsection B of § 29.1-738, submits to a breath test, in accordance with subsection A of this section, or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was operating a watercraft or motorboat under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.C\n\nIf a person, after being arrested for a violation of subsection B of § 29.1-738, § 29.1-738.02, or of a similar ordinance of any county, city or town and after having been advised by the arresting officer that a person who operates a watercraft or motorboat which is underway upon the waters of the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood and breath taken for a chemical test to determine the alcohol or drug content of his blood, and that the unreasonable refusal to do so constitutes grounds for a court to order him not to operate a watercraft or motorboat which is underway upon the waters of the Commonwealth, then refuses to permit the taking of a sample of his blood or breath or both blood and breath samples for such tests, the arresting officer shall take the person arrested before a committing magistrate. If the person is unable to be taken before a magistrate because the person is taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer at a medical facility, in the presence of a witness other than a law-enforcement officer, shall again advise the person, at the medical facility, of the law requiring blood or breath samples to be taken and the penalty for refusal. If he again so refuses after having been further advised by such magistrate or by the arresting officer at a medical facility of the law requiring a blood or breath sample to be taken and the penalty for refusal, and so declares again his refusal in writing upon a form provided by the Supreme Court of Virginia, or refuses or fails to so declare in writing and such fact is certified as prescribed in § 18.2-268.3, then no blood or breath sample shall be taken even though he may thereafter request same.D\n\nWhen any person is arrested for operating a watercraft or motorboat which is underway in violation of subsection B of § 29.1-738 or § 29.1-738.02, the procedures and requirements of §§ 18.2-268.1 through 18.2-268.11 shall apply, mutatis mutandis, to this section.E\n\nIf the court or jury finds the defendant guilty of unreasonably refusing to permit a blood or breath sample to be taken, the court shall order such person not to operate a watercraft or motorboat which is underway for a period of 12 months for a first offense and for 24 months for a second or subsequent offense of refusal within five years of the first or other such refusal. However, if the defendant pleads guilty to a violation of subsection B of § 29.1-738, the court may dismiss the refusal warrant.","order_by":null,"text":{"0":{"id":221441,"text":"Any person who operates a watercraft or motorboat which is underway upon waters of the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if such person is arrested for operating a watercraft or motorboat which is underway in violation of subsection B of § 29.1-738, § 29.1-738.02, or of a similar ordinance of any county, city or town, within three hours of the alleged offense. Any person so arrested for a violation of clause (i) or (ii), or both, of subsection B of § 29.1-738, § 29.1-738.02, or of a similar ordinance, shall submit to a breath test. If the breath test is not available, or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If such equipment automatically produces a written printout of the breath test result, this written printout, or a copy thereof, shall be given to the accused in each case.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221442,"text":"Any person, after having been arrested for a violation of clause (iii), (iv), or (v) of subsection B of § 29.1-738, § 29.1-738.02, or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of clause (i) or (ii), or both, of subsection B of § 29.1-738, submits to a breath test, in accordance with subsection A of this section, or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was operating a watercraft or motorboat under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221443,"text":"If a person, after being arrested for a violation of subsection B of § 29.1-738, § 29.1-738.02, or of a similar ordinance of any county, city or town and after having been advised by the arresting officer that a person who operates a watercraft or motorboat which is underway upon the waters of the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood and breath taken for a chemical test to determine the alcohol or drug content of his blood, and that the unreasonable refusal to do so constitutes grounds for a court to order him not to operate a watercraft or motorboat which is underway upon the waters of the Commonwealth, then refuses to permit the taking of a sample of his blood or breath or both blood and breath samples for such tests, the arresting officer shall take the person arrested before a committing magistrate. If the person is unable to be taken before a magistrate because the person is taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer at a medical facility, in the presence of a witness other than a law-enforcement officer, shall again advise the person, at the medical facility, of the law requiring blood or breath samples to be taken and the penalty for refusal. If he again so refuses after having been further advised by such magistrate or by the arresting officer at a medical facility of the law requiring a blood or breath sample to be taken and the penalty for refusal, and so declares again his refusal in writing upon a form provided by the Supreme Court of Virginia, or refuses or fails to so declare in writing and such fact is certified as prescribed in § 18.2-268.3, then no blood or breath sample shall be taken even though he may thereafter request same.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221444,"text":"When any person is arrested for operating a watercraft or motorboat which is underway in violation of subsection B of § 29.1-738 or § 29.1-738.02, the procedures and requirements of §§ 18.2-268.1 through 18.2-268.11 shall apply, mutatis mutandis, to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":221445,"text":"If the court or jury finds the defendant guilty of unreasonably refusing to permit a blood or breath sample to be taken, the court shall order such person not to operate a watercraft or motorboat which is underway for a period of 12 months for a first offense and for 24 months for a second or subsequent offense of refusal within five years of the first or other such refusal. However, if the defendant pleads guilty to a violation of subsection B of § 29.1-738, the court may dismiss the refusal warrant.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13558,"edition_id":1,"name":"Boating Safety","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13227,"metadata":{},"date_created":"2026-06-26 03:45:14","date_modified":"2026-06-26 03:45:14","permalink":{"id":193641,"object_type":"structure","relational_id":13558,"identifier":"3","token":"29.1\/7\/3","url":"\/29.1\/7\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13227,"edition_id":1,"name":"Boating Laws","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12934,"metadata":{},"date_created":"2026-06-26 03:44:29","date_modified":"2026-06-26 03:44:29","permalink":{"id":193453,"object_type":"structure","relational_id":13227,"identifier":"7","token":"29.1\/7","url":"\/29.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12934,"edition_id":1,"name":"Wildlife, Inland Fisheries and Boating","identifier":"29.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":192277,"object_type":"structure","relational_id":12934,"identifier":"29.1","token":"29.1","url":"\/29.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55333,"structure_id":13558,"section_number":"29.1-734","catch_line":"Authorization for and placing of markers in waters of the Commonwealth used for public swimming areas; no motorboating, waterskiing in marked area","url":"\/29.1-734\/","token":"29.1\/7\/3\/29.1-734","metadata":false},{"id":73163,"structure_id":13558,"section_number":"29.1-734.1","catch_line":"Skin and scuba divers","url":"\/29.1-734.1\/","token":"29.1\/7\/3\/29.1-734.1","metadata":false},{"id":81705,"structure_id":13558,"section_number":"29.1-735","catch_line":"Regulations for vessel operation and equipment","url":"\/29.1-735\/","token":"29.1\/7\/3\/29.1-735","metadata":false},{"id":68939,"structure_id":13558,"section_number":"29.1-735.1","catch_line":"Board authorized to promulgate regulations for seaplanes","url":"\/29.1-735.1\/","token":"29.1\/7\/3\/29.1-735.1","metadata":false},{"id":86125,"structure_id":13558,"section_number":"29.1-735.2","catch_line":"Boating safety education required; Board to promulgate regulations","url":"\/29.1-735.2\/","token":"29.1\/7\/3\/29.1-735.2","metadata":false},{"id":68371,"structure_id":13558,"section_number":"29.1-735.3","catch_line":"Regulation of parasail operators","url":"\/29.1-735.3\/","token":"29.1\/7\/3\/29.1-735.3","metadata":false},{"id":79496,"structure_id":13558,"section_number":"29.1-736","catch_line":"Boat rentals; equipment; safety course","url":"\/29.1-736\/","token":"29.1\/7\/3\/29.1-736","metadata":false},{"id":82900,"structure_id":13558,"section_number":"29.1-737","catch_line":"Muffling devices","url":"\/29.1-737\/","token":"29.1\/7\/3\/29.1-737","metadata":false},{"id":87020,"structure_id":13558,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","url":"\/29.1-738\/","token":"29.1\/7\/3\/29.1-738","metadata":false},{"id":62377,"structure_id":13558,"section_number":"29.1-738.01","catch_line":"Operating boat in an improper manner; penalty","url":"\/29.1-738.01\/","token":"29.1\/7\/3\/29.1-738.01","metadata":false},{"id":60518,"structure_id":13558,"section_number":"29.1-738.02","catch_line":"Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty","url":"\/29.1-738.02\/","token":"29.1\/7\/3\/29.1-738.02","metadata":false},{"id":58643,"structure_id":13558,"section_number":"29.1-738.03","catch_line":"Reckless operation of a personal watercraft","url":"\/29.1-738.03\/","token":"29.1\/7\/3\/29.1-738.03","metadata":false},{"id":59608,"structure_id":13558,"section_number":"29.1-738.1","catch_line":"Analysis of breath to determine alcohol content of blood","url":"\/29.1-738.1\/","token":"29.1\/7\/3\/29.1-738.1","metadata":false},{"id":60579,"structure_id":13558,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","url":"\/29.1-738.2\/","token":"29.1\/7\/3\/29.1-738.2","metadata":false},{"id":82349,"structure_id":13558,"section_number":"29.1-738.3","catch_line":"Presumptions from alcohol or drug content","url":"\/29.1-738.3\/","token":"29.1\/7\/3\/29.1-738.3","metadata":false},{"id":87092,"structure_id":13558,"section_number":"29.1-738.4","catch_line":"Additional penalty for reckless or intoxicated operation of a watercraft or motorboat","url":"\/29.1-738.4\/","token":"29.1\/7\/3\/29.1-738.4","metadata":false},{"id":66297,"structure_id":13558,"section_number":"29.1-738.5","catch_line":"Participation in rehabilitation program","url":"\/29.1-738.5\/","token":"29.1\/7\/3\/29.1-738.5","metadata":false},{"id":87081,"structure_id":13558,"section_number":"29.1-738.6","catch_line":"When arrested person operating a vessel; how vessel removed from scene of arrest","url":"\/29.1-738.6\/","token":"29.1\/7\/3\/29.1-738.6","metadata":false},{"id":85727,"structure_id":13558,"section_number":"29.1-739","catch_line":"Duty of operator involved in collision, accident or other casualty; immunity from liability; report of collision, etc.; summons in lieu of arrest","url":"\/29.1-739\/","token":"29.1\/7\/3\/29.1-739","metadata":false},{"id":54521,"structure_id":13558,"section_number":"29.1-739.1","catch_line":"Disregarding signal by law-enforcement officer to stop; attempts to elude; penalty","url":"\/29.1-739.1\/","token":"29.1\/7\/3\/29.1-739.1","metadata":false},{"id":83534,"structure_id":13558,"section_number":"29.1-739.2","catch_line":"Conservation police officers to patrol lakes","url":"\/29.1-739.2\/","token":"29.1\/7\/3\/29.1-739.2","metadata":false},{"id":78906,"structure_id":13558,"section_number":"29.1-740","catch_line":"Duty to stop and render assistance; penalties for violations","url":"\/29.1-740\/","token":"29.1\/7\/3\/29.1-740","metadata":false},{"id":73273,"structure_id":13558,"section_number":"29.1-741","catch_line":"Furnishing information to agency of United States","url":"\/29.1-741\/","token":"29.1\/7\/3\/29.1-741","metadata":false},{"id":63883,"structure_id":13558,"section_number":"29.1-742","catch_line":"Towing water skis, surfboards, etc","url":"\/29.1-742\/","token":"29.1\/7\/3\/29.1-742","metadata":false},{"id":76164,"structure_id":13558,"section_number":"29.1-743","catch_line":"Repealed","url":"\/29.1-743\/","token":"29.1\/7\/3\/29.1-743","metadata":false},{"id":60382,"structure_id":13558,"section_number":"29.1-744","catch_line":"Local regulation; application for placement or removal of \"no wake\" buoys, etc","url":"\/29.1-744\/","token":"29.1\/7\/3\/29.1-744","metadata":false},{"id":84734,"structure_id":13558,"section_number":"29.1-744.1","catch_line":"Repealed","url":"\/29.1-744.1\/","token":"29.1\/7\/3\/29.1-744.1","metadata":false},{"id":56497,"structure_id":13558,"section_number":"29.1-744.2","catch_line":"Repealed","url":"\/29.1-744.2\/","token":"29.1\/7\/3\/29.1-744.2","metadata":false},{"id":58749,"structure_id":13558,"section_number":"29.1-744.3","catch_line":"Slacken speed and control wakes near structures","url":"\/29.1-744.3\/","token":"29.1\/7\/3\/29.1-744.3","metadata":false},{"id":59480,"structure_id":13558,"section_number":"29.1-744.4","catch_line":"\"Pass-through\" zones; local ordinances; penalties","url":"\/29.1-744.4\/","token":"29.1\/7\/3\/29.1-744.4","metadata":false},{"id":65520,"structure_id":13558,"section_number":"29.1-745","catch_line":"Enforcement of chapter; vessels displaying Coast Guard inspection decal","url":"\/29.1-745\/","token":"29.1\/7\/3\/29.1-745","metadata":false},{"id":76264,"structure_id":13558,"section_number":"29.1-746","catch_line":"Penalties","url":"\/29.1-746\/","token":"29.1\/7\/3\/29.1-746","metadata":false}],"previous_section":{"id":59608,"structure_id":13558,"section_number":"29.1-738.1","catch_line":"Analysis of breath to determine alcohol content of blood","url":"\/29.1-738.1\/","token":"29.1\/7\/3\/29.1-738.1","metadata":false},"next_section":{"id":82349,"structure_id":13558,"section_number":"29.1-738.3","catch_line":"Presumptions from alcohol or drug content","url":"\/29.1-738.3\/","token":"29.1\/7\/3\/29.1-738.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/29.1-738.2\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 726 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 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1990, chapters 825 and 929; in 1992, chapter 830; in 1995, chapter 130<\/a>; in 1996, chapter 631<\/a>; in 2001, chapter 779<\/a>; in 2005, chapter 616<\/a>; in 2007, chapter 168<\/a>.<\/p>","references":[{"id":84966,"section_number":"15.2-1627","catch_line":"Duties of attorneys for the Commonwealth and their assistants","order_by":null,"url":"\/15.2-1627\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"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":82349,"section_number":"29.1-738.3","catch_line":"Presumptions from alcohol or drug content","order_by":null,"url":"\/29.1-738.3\/"},{"id":55524,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","order_by":null,"url":"\/46.2-382\/"}],"refers_to":[{"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":60331,"section_number":"18.2-268.11","catch_line":"Substantial compliance","order_by":null,"url":"\/18.2-268.11\/"},{"id":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"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":60518,"section_number":"29.1-738.02","catch_line":"Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty","order_by":null,"url":"\/29.1-738.02\/"}],"permalink":{"id":193695,"object_type":"law","relational_id":60579,"identifier":"29.1-738.2","token":"29.1\/7\/3\/29.1-738.2","url":"\/29.1-738.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/29.1-738.2\/","token":"29.1\/7\/3\/29.1-738.2","dublin_core":{"Title":"Consent to blood or breath test","Type":"Text","Format":"text\/html","Identifier":"\u00a7 29.1-738.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who operates<\/span> a watercraft or motorboat<\/span> which is underway upon waters of the Commonwealth<\/span> shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if such person is arrested for operating a watercraft or motorboat<\/span> which is underway in violation of subsection B of § 29.1-738<\/a>, § 29.1-738.02<\/a>, or of a similar ordinance<\/span> of any county, city or town, within three hours of the alleged offense<\/span>. Any person so arrested for a violation of clause (i) or (ii), or both, of subsection B of § 29.1-738<\/a>, § 29.1-738.02<\/a>, or of a similar ordinance<\/span>, shall submit to a breath test. If the breath test is not available, or the person is physically unable to submit to the breath test, a blood test shall be given. The accused<\/span> shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If such equipment automatically produces a written printout of the breath test result, this written printout, or a copy thereof, shall be given to the accused<\/span> in each case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person, after having been arrested for a violation of clause (iii), (iv), or (v) of subsection B of § 29.1-738<\/a>, § 29.1-738.02<\/a>, or of a similar ordinance<\/span>, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of clause (i) or (ii), or both, of subsection B of § 29.1-738<\/a>, submits to a breath test, in accordance with subsection A of this section, or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law<\/span>-enforcement officer has reasonable cause to believe the person was operating a watercraft or motorboat<\/span> under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a person, after being arrested for a violation of subsection B of § 29.1-738<\/a>, § 29.1-738.02<\/a>, or of a similar ordinance<\/span> of any county, city or town and after having been advised by the arresting officer that a person who operates<\/span> a watercraft or motorboat<\/span> which is underway upon the waters of the Commonwealth<\/span> shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood and breath taken for a chemical test to determine the alcohol or drug content of his blood, and that the unreasonable refusal to do so constitutes grounds for a court<\/span> to order<\/span> him not to operate<\/span> a watercraft or motorboat<\/span> which is underway upon the waters of the Commonwealth<\/span>, then refuses to permit the taking of a sample of his blood or breath or both blood and breath samples for such tests, the arresting officer shall take the person arrested before a committing magistrate<\/span>. If the person is unable to be taken before a magistrate<\/span> because the person is taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer at a medical facility, in the presence of a witness<\/span> other than a law<\/span>-enforcement officer, shall again advise the person, at the medical facility, of the law<\/span> requiring blood or breath samples to be taken and the penalty<\/span> for refusal. If he again so refuses after having been further advised by such magistrate<\/span> or by the arresting officer at a medical facility of the law<\/span> requiring a blood or breath sample to be taken and the penalty<\/span> for refusal, and so declares again his refusal in writing upon a form provided by the Supreme Court<\/span> of Virginia, or refuses or fails to so declare in writing and such fact<\/span> is certified as prescribed in § 18.2-268.3<\/a>, then no blood or breath sample shall be taken even though he may thereafter request same. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When any person is arrested for operating a watercraft or motorboat<\/span> which is underway in violation of subsection B of § 29.1-738<\/a> or § 29.1-738.02<\/a>, the procedures and requirements of §§ 18.2-268.1<\/a> through 18.2-268.11<\/a> shall apply, mutatis mutandis<\/span>, to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the court<\/span> or jury<\/span> finds the defendant<\/span> guilty of unreasonably refusing to permit a blood or breath sample to be taken, the court<\/span> shall order<\/span> such person not to operate<\/span> a watercraft or motorboat<\/span> which is underway for a period of 12 months for a first offense<\/span> and for 24 months for a second or subsequent offense<\/span> of refusal within five years of the first or other such refusal. However, if the defendant<\/span> pleads guilty to a violation of subsection B of § 29.1-738<\/a>, the court<\/span> may dismiss the refusal warrant. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONSENT TO BLOOD OR BREATH TEST (\u00a7 29.1-738.2)\n\nA. Any person who operates a watercraft or motorboat which is underway upon\nwaters of the Commonwealth shall be deemed thereby, as a condition of such\noperation, to have consented to have samples of his blood, breath, or both blood\nand breath taken for a chemical test to determine the alcohol, drug, or both\nalcohol and drug content of his blood, if such person is arrested for operating\na watercraft or motorboat which is underway in violation of subsection B of\n§ 29.1-738, § 29.1-738.02, or of a similar ordinance of any county,\ncity or town, within three hours of the alleged offense. Any person so arrested\nfor a violation of clause (i) or (ii), or both, of subsection B of §\n29.1-738, § 29.1-738.02, or of a similar ordinance, shall submit to a\nbreath test. If the breath test is not available, or the person is physically\nunable to submit to the breath test, a blood test shall be given. The accused\nshall, prior to administration of the test, be advised by the person\nadministering the test that he has the right to observe the process of analysis\nand to see the blood-alcohol reading on the equipment used to perform the breath\ntest. If such equipment automatically produces a written printout of the breath\ntest result, this written printout, or a copy thereof, shall be given to the\naccused in each case.\n\nB. Any person, after having been arrested for a violation of clause (iii), (iv),\nor (v) of subsection B of § 29.1-738, § 29.1-738.02, or of a similar\nordinance, may be required to submit to a blood test to determine the drug or\nboth drug and alcohol content of his blood. When a person, after having been\narrested for a violation of clause (i) or (ii), or both, of subsection B of\n§ 29.1-738, submits to a breath test, in accordance with subsection A of\nthis section, or refuses to take or is incapable of taking such a breath test,\nhe may be required to submit to tests to determine the drug or both drug and\nalcohol content of his blood if the law-enforcement officer has reasonable cause\nto believe the person was operating a watercraft or motorboat under the\ninfluence of any drug or combination of drugs, or the combined influence of\nalcohol and drugs.\n\nC. If a person, after being arrested for a violation of subsection B of §\n29.1-738, § 29.1-738.02, or of a similar ordinance of any county, city or\ntown and after having been advised by the arresting officer that a person who\noperates a watercraft or motorboat which is underway upon the waters of the\nCommonwealth shall be deemed thereby, as a condition of such operation, to have\nconsented to have a sample of his blood and breath taken for a chemical test to\ndetermine the alcohol or drug content of his blood, and that the unreasonable\nrefusal to do so constitutes grounds for a court to order him not to operate a\nwatercraft or motorboat which is underway upon the waters of the Commonwealth,\nthen refuses to permit the taking of a sample of his blood or breath or both\nblood and breath samples for such tests, the arresting officer shall take the\nperson arrested before a committing magistrate. If the person is unable to be\ntaken before a magistrate because the person is taken to a medical facility for\ntreatment or evaluation of his medical condition, the arresting officer at a\nmedical facility, in the presence of a witness other than a law-enforcement\nofficer, shall again advise the person, at the medical facility, of the law\nrequiring blood or breath samples to be taken and the penalty for refusal. If he\nagain so refuses after having been further advised by such magistrate or by the\narresting officer at a medical facility of the law requiring a blood or breath\nsample to be taken and the penalty for refusal, and so declares again his\nrefusal in writing upon a form provided by the Supreme Court of Virginia, or\nrefuses or fails to so declare in writing and such fact is certified as\nprescribed in § 18.2-268.3, then no blood or breath sample shall be taken\neven though he may thereafter request same.\n\nD. When any person is arrested for operating a watercraft or motorboat which is\nunderway in violation of subsection B of § 29.1-738 or § 29.1-738.02,\nthe procedures and requirements of §§ 18.2-268.1 through 18.2-268.11\nshall apply, mutatis mutandis, to this section.\n\nE. If the court or jury finds the defendant guilty of unreasonably refusing to\npermit a blood or breath sample to be taken, the court shall order such person\nnot to operate a watercraft or motorboat which is underway for a period of 12\nmonths for a first offense and for 24 months for a second or subsequent offense\nof refusal within five years of the first or other such refusal. However, if the\ndefendant pleads guilty to a violation of subsection B of § 29.1-738, the\ncourt may dismiss the refusal warrant.\n\nHISTORY: 1989, c. 726; 1990, cc. 825, 929; 1992, c. 830; 1995, c. 130; 1996, c.\n631; 2001, c. 779; 2005, c. 616; 2007, c. 168.","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}}