{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.26_11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.26_11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.26_11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.26_11.html"}],"law_id":74934,"edition_id":1,"section_id":74934,"structure_id":13626,"section_number":"46.2-341.26:11","catch_line":"Substantial compliance","history":"1992, c. 830; 2003, cc. 933, 936.","full_text":"The steps set forth in \u00a7\u00a7 46.2-341.26:2 through 46.2-341.26:9 relating to taking, handling, identifying, and disposing of blood or breath samples are procedural and not substantive. Substantial compliance shall be sufficient. Failure to comply with any steps or portions thereof shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered with all the evidence in the case; however, the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedures or any part thereof, and that as a result his rights were prejudiced.","order_by":null,"text":{"0":{"id":269213,"text":"The steps set forth in \u00a7\u00a7 46.2-341.26:2 through 46.2-341.26:9 relating to taking, handling, identifying, and disposing of blood or breath samples are procedural and not substantive. Substantial compliance shall be sufficient. Failure to comply with any steps or portions thereof shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered with all the evidence in the case; however, the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedures or any part thereof, and that as a result his rights were prejudiced.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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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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 1 time. 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. That modification is as follows: in 2003, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0933\">933<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0936\">936<\/a>.<\/p>","references":[{"id":80969,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","order_by":null,"url":"\/18.2-271\/"},{"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":86700,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","order_by":null,"url":"\/46.2-341.27\/"},{"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\/"}],"refers_to":[{"id":75923,"section_number":"46.2-341.26:2","catch_line":"Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver","order_by":null,"url":"\/46.2-341.26_2\/"},{"id":84778,"section_number":"46.2-341.26:9","catch_line":"Assurance of breath test validity; use of breath tests as evidence","order_by":null,"url":"\/46.2-341.26_9\/"}],"permalink":{"id":226757,"object_type":"law","relational_id":74934,"identifier":"46.2-341.26:11","token":"46.2\/II\/3\/6.1\/46.2-341.26_11","url":"\/46.2-341.26_11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.26_11\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_11","dublin_core":{"Title":"Substantial compliance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.26:11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The steps set forth in \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver\" href=\"\/46.2-341.26_2\/\">46.2-341.26:2<\/a> through <a class=\"law\" title=\"Assurance of breath test validity; use of breath tests as evidence\" href=\"\/46.2-341.26_9\/\">46.2-341.26:9<\/a> relating to taking, handling, identifying, and disposing of blood or breath samples are procedural and not substantive. Substantial compliance shall be sufficient. Failure to comply with any steps or portions thereof shall not of itself be grounds for <span class=\"dictionary\">finding<\/span> the <span class=\"dictionary\">defendant<\/span> not guilty, but shall go to the weight of the <span class=\"dictionary\">evidence<\/span> and shall be considered with all the <span class=\"dictionary\">evidence<\/span> in the case; however, the <span class=\"dictionary\">defendant<\/span> shall have the right to introduce <span class=\"dictionary\">evidence<\/span> on his own behalf to show noncompliance with the aforesaid procedures or any part thereof, and that as a result his rights were prejudiced.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSUBSTANTIAL COMPLIANCE (\u00a7 46.2-341.26:11)\n\nThe steps set forth in \u00a7\u00a7 46.2-341.26:2 through 46.2-341.26:9 relating to\ntaking, handling, identifying, and disposing of blood or breath samples are\nprocedural and not substantive. Substantial compliance shall be sufficient.\nFailure to comply with any steps or portions thereof shall not of itself be\ngrounds for finding the defendant not guilty, but shall go to the weight of the\nevidence and shall be considered with all the evidence in the case; however, the\ndefendant shall have the right to introduce evidence on his own behalf to show\nnoncompliance with the aforesaid procedures or any part thereof, and that as a\nresult his rights were prejudiced.\n\nHISTORY: 1992, c. 830; 2003, cc. 933, 936.","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}}