{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.25.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.25.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.25.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.25.html"}],"law_id":61255,"edition_id":1,"section_id":61255,"structure_id":13626,"section_number":"46.2-341.25","catch_line":"Preliminary analysis of breath of commercial drivers to determine alcohol content of blood","history":"1989, c. 705, \u00a7 46.1-372.24; 1990, cc. 218, 825; 1992, c. 830; 1996, cc. 154, 952; 2005, cc. 868, 881.","full_text":"A\n\nAny person who is reasonably suspected of a violation of § 46.2-341.24 or of having any alcohol in his blood while driving or operating a commercial motor vehicle may be required by any law-enforcement officer to provide a sample of such person’s breath for a preliminary screening to determine the probable alcohol content of his blood. Such person shall be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. Such 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\nIf the breath sample analysis indicates that there is alcohol present in the person’s blood, or if the person refuses to provide a sample of his breath for a preliminary screening, such person shall then be subject to the provisions of §§ 46.2-341.26:1 through 46.2-341.26:11.D\n\nThe results of a breath analysis conducted pursuant to this section shall not be admitted into evidence in any prosecution under § 46.2-341.24 or 46.2-341.31, but may be used as a basis for charging a person for a violation of the provisions of § 46.2-341.24 or 46.2-341.31.E\n\nThe law-enforcement officer requiring the preliminary screening test shall advise the person of his obligations under this section and of the provisions of subsection C of this section.","order_by":null,"text":{"0":{"id":223854,"text":"Any person who is reasonably suspected of a violation of § 46.2-341.24 or of having any alcohol in his blood while driving or operating a commercial motor vehicle may be required by any law-enforcement officer to provide a sample of such person’s breath for a preliminary screening to determine the probable alcohol content of his blood. Such person shall be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. Such 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":223855,"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":223856,"text":"If the breath sample analysis indicates that there is alcohol present in the person’s blood, or if the person refuses to provide a sample of his breath for a preliminary screening, such person shall then be subject to the provisions of §§ 46.2-341.26:1 through 46.2-341.26:11.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":223857,"text":"The results of a breath analysis conducted pursuant to this section shall not be admitted into evidence in any prosecution under § 46.2-341.24 or 46.2-341.31, but may be used as a basis for charging a person for a violation of the provisions of § 46.2-341.24 or 46.2-341.31.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":223858,"text":"The law-enforcement officer requiring the preliminary screening test shall advise the person of his obligations under this section and of the provisions of subsection C of this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13626,"edition_id":1,"name":"Commercial Driver's Licenses","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":226575,"object_type":"structure","relational_id":13626,"identifier":"6.1","token":"46.2\/II\/3\/6.1","url":"\/46.2\/II\/3\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62139,"structure_id":13626,"section_number":"46.2-341.1","catch_line":"Title","url":"\/46.2-341.1\/","token":"46.2\/II\/3\/6.1\/46.2-341.1","metadata":false},{"id":86072,"structure_id":13626,"section_number":"46.2-341.10","catch_line":"Special provisions relating to commercial learner's permit","url":"\/46.2-341.10\/","token":"46.2\/II\/3\/6.1\/46.2-341.10","metadata":false},{"id":55427,"structure_id":13626,"section_number":"46.2-341.10:1","catch_line":"Seasonal restricted commercial drivers' licenses","url":"\/46.2-341.10_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.10_1","metadata":false},{"id":80884,"structure_id":13626,"section_number":"46.2-341.11","catch_line":"Commercial drivers required to notify the Department of change of address","url":"\/46.2-341.11\/","token":"46.2\/II\/3\/6.1\/46.2-341.11","metadata":false},{"id":72843,"structure_id":13626,"section_number":"46.2-341.12","catch_line":"Application for commercial driver's license or commercial learner's permit","url":"\/46.2-341.12\/","token":"46.2\/II\/3\/6.1\/46.2-341.12","metadata":false},{"id":69557,"structure_id":13626,"section_number":"46.2-341.13","catch_line":"Disposition of fees","url":"\/46.2-341.13\/","token":"46.2\/II\/3\/6.1\/46.2-341.13","metadata":false},{"id":56197,"structure_id":13626,"section_number":"46.2-341.14","catch_line":"Testing requirements for commercial driver's license; 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penalty","url":"\/46.2-341.7\/","token":"46.2\/II\/3\/6.1\/46.2-341.7","metadata":false},{"id":81320,"structure_id":13626,"section_number":"46.2-341.8","catch_line":"Nonresidents and new residents","url":"\/46.2-341.8\/","token":"46.2\/II\/3\/6.1\/46.2-341.8","metadata":false},{"id":67339,"structure_id":13626,"section_number":"46.2-341.9","catch_line":"Eligibility for commercial driver's license or commercial learner's permit","url":"\/46.2-341.9\/","token":"46.2\/II\/3\/6.1\/46.2-341.9","metadata":false},{"id":84925,"structure_id":13626,"section_number":"46.2-341.9:01","catch_line":"Specialized training required","url":"\/46.2-341.9_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_01","metadata":false},{"id":75974,"structure_id":13626,"section_number":"46.2-341.9:1","catch_line":"Commissioner to grant variances for commercial drivers transporting hazardous wastes","url":"\/46.2-341.9_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_1","metadata":false}],"previous_section":{"id":67312,"structure_id":13626,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","url":"\/46.2-341.24\/","token":"46.2\/II\/3\/6.1\/46.2-341.24","metadata":false},"next_section":{"id":66345,"structure_id":13626,"section_number":"46.2-341.26","catch_line":"Repealed","url":"\/46.2-341.26\/","token":"46.2\/II\/3\/6.1\/46.2-341.26","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.25\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 705 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 4 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 218 and 825; in 1992, chapter 830; in 1996, chapters 154<\/a> and 952<\/a>; in 2005, chapters 868<\/a> and 881<\/a>.<\/p>","references":false,"refers_to":[{"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\/"},{"id":79291,"section_number":"46.2-341.26:1","catch_line":"Use of chemical tests to determine alcohol or drug content of blood of commercial driver; definitions","order_by":null,"url":"\/46.2-341.26_1\/"},{"id":78117,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","order_by":null,"url":"\/46.2-341.31\/"}],"permalink":{"id":226741,"object_type":"law","relational_id":61255,"identifier":"46.2-341.25","token":"46.2\/II\/3\/6.1\/46.2-341.25","url":"\/46.2-341.25\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.25\/","token":"46.2\/II\/3\/6.1\/46.2-341.25","dublin_core":{"Title":"Preliminary analysis of breath of commercial drivers to determine alcohol content of blood","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.25","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> who is reasonably suspected of a violation of § 46.2-341.24<\/a> or of having any alcohol in his blood while driving or operating a commercial motor vehicle<\/span> may be required by any law<\/span>-enforcement officer<\/span> to provide a sample of such person<\/span>’s breath for a preliminary screening to determine the probable alcohol content of his blood. Such person<\/span> shall be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. Such 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<\/span> in the normal discharge of his duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> 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<\/span> of the same. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the breath sample analysis indicates that there is alcohol present in the person<\/span>’s blood, or if the person<\/span> refuses to provide a sample of his breath for a preliminary screening, such person<\/span> shall then be subject to the provisions of §§ 46.2-341.26:1<\/a> through 46.2-341.26:11<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The results of a breath analysis conducted pursuant to this section shall not be admitted into evidence<\/span> in any prosecution<\/span> under § 46.2-341.24<\/a> or 46.2-341.31<\/a>, but may be used as a basis for charging a person<\/span> for a violation of the provisions of § 46.2-341.24<\/a> or 46.2-341.31<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The law<\/span>-enforcement officer<\/span> requiring the preliminary screening test shall advise the person<\/span> of his obligations under this section and of the provisions of subsection C of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRELIMINARY ANALYSIS OF BREATH OF COMMERCIAL DRIVERS TO DETERMINE ALCOHOL\nCONTENT OF BLOOD (\u00a7 46.2-341.25)\n\nA. Any person who is reasonably suspected of a violation of § 46.2-341.24\nor of having any alcohol in his blood while driving or operating a commercial\nmotor vehicle may be required by any law-enforcement officer to provide a sample\nof such person’s breath for a preliminary screening to determine the\nprobable alcohol content of his blood. Such person shall be entitled, upon\nrequest, to observe the process of analysis and to see the blood-alcohol reading\non the equipment used to perform the breath test. Such breath may be analyzed by\nany police officer of the Commonwealth, or of any county, city, or town, or by\nany member of a sheriff’s department in the normal discharge of his\nduties.\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. If the breath sample analysis indicates that there is alcohol present in the\nperson’s blood, or if the person refuses to provide a sample of his breath\nfor a preliminary screening, such person shall then be subject to the provisions\nof §§ 46.2-341.26:1 through 46.2-341.26:11.\n\nD. The results of a breath analysis conducted pursuant to this section shall not\nbe admitted into evidence in any prosecution under § 46.2-341.24 or\n46.2-341.31, but may be used as a basis for charging a person for a violation of\nthe provisions of § 46.2-341.24 or 46.2-341.31.\n\nE. The law-enforcement officer requiring the preliminary screening test shall\nadvise the person of his obligations under this section and of the provisions of\nsubsection C of this section.\n\nHISTORY: 1989, c. 705, \u00a7 46.1-372.24; 1990, cc. 218, 825; 1992, c. 830; 1996,\ncc. 154, 952; 2005, cc. 868, 881.","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}}