{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.26_10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.26_10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.26_10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.26_10.html"}],"law_id":64689,"edition_id":1,"section_id":64689,"structure_id":13626,"section_number":"46.2-341.26:10","catch_line":"Evidence","history":"1992, c. 830; 2001, c. 654; 2005, c. 616.","full_text":"A\n\nIn any trial for a violation of § 46.2-341.24, admission of the blood or breath test results shall not limit the introduction of any other relevant evidence bearing upon any question at issue before the court, and the court shall, regardless of the results of the blood or breath tests, consider other relevant admissible evidence of the condition of the accused. If the test results indicate the presence of any drugs other than alcohol, the test results shall be admissible except in a prosecution under clause (v) of subsection A of § 46.2-341.24, only if other competent evidence has been presented to relate the presence of the drug or drugs to the impairment of the accused’s ability to drive or operate any commercial motor vehicle safely.B\n\nThe failure of an accused to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood is not evidence and shall not be subject to any comment by the Commonwealth at the trial of the case, except in rebuttal or pursuant to subsection C; nor shall the fact that a blood or breath test had been offered the accused be evidence or the subject of comment by the Commonwealth, except in rebuttal or pursuant to subsection C.C\n\nEvidence of a finding against the defendant under § 18.2-268.3 for his unreasonable refusal to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood shall be admissible into evidence, upon the motion of the Commonwealth or the defendant, for the sole purpose of explaining the absence at trial of a chemical test of such sample. When admitted pursuant to this subsection such evidence shall not be considered evidence of the accused’s guilt.D\n\nThe court or jury trying the case involving a violation of clause (ii), (iii) or (iv) of subsection A of § 46.2-341.24 shall determine the innocence or guilt of the defendant from all the evidence concerning his condition at the time of the alleged offense.","order_by":null,"text":{"0":{"id":235437,"text":"In any trial for a violation of § 46.2-341.24, admission of the blood or breath test results shall not limit the introduction of any other relevant evidence bearing upon any question at issue before the court, and the court shall, regardless of the results of the blood or breath tests, consider other relevant admissible evidence of the condition of the accused. If the test results indicate the presence of any drugs other than alcohol, the test results shall be admissible except in a prosecution under clause (v) of subsection A of § 46.2-341.24, only if other competent evidence has been presented to relate the presence of the drug or drugs to the impairment of the accused’s ability to drive or operate any commercial motor vehicle safely.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235438,"text":"The failure of an accused to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood is not evidence and shall not be subject to any comment by the Commonwealth at the trial of the case, except in rebuttal or pursuant to subsection C; nor shall the fact that a blood or breath test had been offered the accused be evidence or the subject of comment by the Commonwealth, except in rebuttal or pursuant to subsection C.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235439,"text":"Evidence of a finding against the defendant under § 18.2-268.3 for his unreasonable refusal to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood shall be admissible into evidence, upon the motion of the Commonwealth or the defendant, for the sole purpose of explaining the absence at trial of a chemical test of such sample. When admitted pursuant to this subsection such evidence shall not be considered evidence of the accused’s guilt.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":235440,"text":"The court or jury trying the case involving a violation of clause (ii), (iii) or (iv) of subsection A of § 46.2-341.24 shall determine the innocence or guilt of the defendant from all the evidence concerning his condition at the time of the alleged offense.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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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definitions","url":"\/46.2-341.26_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_1","metadata":false},"next_section":{"id":74934,"structure_id":13626,"section_number":"46.2-341.26:11","catch_line":"Substantial compliance","url":"\/46.2-341.26_11\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.26:10\/","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 2001, chapter 654<\/a>; in 2005, chapter 616<\/a>.<\/p>","references":false,"refers_to":[{"id":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"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":226753,"object_type":"law","relational_id":64689,"identifier":"46.2-341.26:10","token":"46.2\/II\/3\/6.1\/46.2-341.26_10","url":"\/46.2-341.26_10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.26_10\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_10","dublin_core":{"Title":"Evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.26:10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any trial<\/span> for a violation of § 46.2-341.24<\/a>, admission of the blood or breath test results shall not limit the introduction of any other relevant evidence<\/span> bearing upon any question at issue<\/span> before the court<\/span>, and the court<\/span> shall, regardless of the results of the blood or breath tests, consider other relevant admissible<\/span> evidence<\/span> of the condition of the accused<\/span>. If the test results indicate the presence of any drugs other than alcohol, the test results shall be admissible<\/span> except in a prosecution<\/span> under clause (v) of subsection A of § 46.2-341.24<\/a>, only if other competent evidence<\/span> has been presented to relate the presence of the drug or drugs to the impairment of the accused<\/span>’s ability to drive or operate any commercial motor vehicle<\/span> safely. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The failure of an accused<\/span> to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood is not evidence<\/span> and shall not be subject to any comment by the Commonwealth at the trial<\/span> of the case, except in rebuttal<\/span> or pursuant to subsection C; nor shall the fact<\/span> that a blood or breath test had been offered the accused<\/span> be evidence<\/span> or the subject of comment by the Commonwealth, except in rebuttal<\/span> or pursuant to subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Evidence<\/span> of a finding<\/span> against the defendant<\/span> under § 18.2-268.3<\/a> for his unreasonable refusal to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood shall be admissible<\/span> into evidence<\/span>, upon the motion<\/span> of the Commonwealth or the defendant<\/span>, for the sole purpose of explaining the absence at trial<\/span> of a chemical test of such sample. When admitted pursuant to this subsection such evidence<\/span> shall not be considered evidence<\/span> of the accused<\/span>’s guilt. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court<\/span> or jury<\/span> trying the case involving a violation of clause (ii), (iii) or (iv) of subsection A of § 46.2-341.24<\/a> shall determine the innocence or guilt of the defendant<\/span> from all the evidence<\/span> concerning his condition at the time of the alleged offense<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVIDENCE (\u00a7 46.2-341.26:10)\n\nA. In any trial for a violation of § 46.2-341.24, admission of the blood or\nbreath test results shall not limit the introduction of any other relevant\nevidence bearing upon any question at issue before the court, and the court\nshall, regardless of the results of the blood or breath tests, consider other\nrelevant admissible evidence of the condition of the accused. If the test\nresults indicate the presence of any drugs other than alcohol, the test results\nshall be admissible except in a prosecution under clause (v) of subsection A of\n§ 46.2-341.24, only if other competent evidence has been presented to\nrelate the presence of the drug or drugs to the impairment of the\naccused’s ability to drive or operate any commercial motor vehicle safely.\n\nB. The failure of an accused to permit a blood or breath sample to be taken to\ndetermine the alcohol or drug content of his blood is not evidence and shall not\nbe subject to any comment by the Commonwealth at the trial of the case, except\nin rebuttal or pursuant to subsection C; nor shall the fact that a blood or\nbreath test had been offered the accused be evidence or the subject of comment\nby the Commonwealth, except in rebuttal or pursuant to subsection C.\n\nC. Evidence of a finding against the defendant under § 18.2-268.3 for his\nunreasonable refusal to permit a blood or breath sample to be taken to determine\nthe alcohol or drug content of his blood shall be admissible into evidence, upon\nthe motion of the Commonwealth or the defendant, for the sole purpose of\nexplaining the absence at trial of a chemical test of such sample. When admitted\npursuant to this subsection such evidence shall not be considered evidence of\nthe accused’s guilt.\n\nD. The court or jury trying the case involving a violation of clause (ii), (iii)\nor (iv) of subsection A of § 46.2-341.24 shall determine the innocence or\nguilt of the defendant from all the evidence concerning his condition at the\ntime of the alleged offense.\n\nHISTORY: 1992, c. 830; 2001, c. 654; 2005, c. 616.","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}}