{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.26_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.26_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.26_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.26_2.html"}],"law_id":75923,"edition_id":1,"section_id":75923,"structure_id":13626,"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","history":"1992, c. 830; 1993, c. 673; 2005, c. 616; 2017, c. 623.","full_text":"A\n\nAny person, whether licensed by Virginia or not, who operates a commercial motor vehicle upon a highway as defined in § 46.2-100 in 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 he is arrested for violation of § 46.2-341.24 or 46.2-341.31 within three hours of the alleged offense.B\n\nSuch person shall be required to have a breath sample taken and 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. If the equipment automatically produces a written printout of the breath test result, the printout or a copy shall be given to the suspect. If a breath test is not available, then a blood test shall be required.C\n\nThe person may be required to submit to blood tests to determine the drug content of his blood if he has been arrested pursuant to provision (iii), (iv), or (v) of subsection A of § 46.2-341.24, or if he has taken the breath test required pursuant to subsection B and the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.D\n\nIf the certificate of analysis referred to in § 46.2-341.26:9 indicates the presence of alcohol in the suspect’s blood, the suspect shall be taken before a magistrate to determine whether the magistrate should issue an out-of-service order prohibiting the suspect from driving any commercial motor vehicle for a 24-hour period. If the magistrate finds that there is probable cause to believe that the suspect was driving a commercial motor vehicle with any measurable amount of alcohol in his blood, the magistrate shall issue an out-of-service order prohibiting the suspect from driving any commercial motor vehicle for a period of 24 hours. The magistrate shall forward a copy of the out-of-service order to the Department within seven days after issuing the order. The order shall be in addition to any other action or sanction permitted or required by law to be taken against or imposed upon the suspect.","order_by":null,"text":{"0":{"id":272584,"text":"Any person, whether licensed by Virginia or not, who operates a commercial motor vehicle upon a highway as defined in § 46.2-100 in 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 he is arrested for violation of § 46.2-341.24 or 46.2-341.31 within three hours of the alleged offense.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":272585,"text":"Such person shall be required to have a breath sample taken and 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. If the equipment automatically produces a written printout of the breath test result, the printout or a copy shall be given to the suspect. If a breath test is not available, then a blood test shall be required.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":272586,"text":"The person may be required to submit to blood tests to determine the drug content of his blood if he has been arrested pursuant to provision (iii), (iv), or (v) of subsection A of § 46.2-341.24, or if he has taken the breath test required pursuant to subsection B and the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":272587,"text":"If the certificate of analysis referred to in § 46.2-341.26:9 indicates the presence of alcohol in the suspect’s blood, the suspect shall be taken before a magistrate to determine whether the magistrate should issue an out-of-service order prohibiting the suspect from driving any commercial motor vehicle for a 24-hour period. If the magistrate finds that there is probable cause to believe that the suspect was driving a commercial motor vehicle with any measurable amount of alcohol in his blood, the magistrate shall issue an out-of-service order prohibiting the suspect from driving any commercial motor vehicle for a period of 24 hours. The magistrate shall forward a copy of the out-of-service order to the Department within seven days after issuing the order. The order shall be in addition to any other action or sanction permitted or required by law to be taken against or imposed upon the suspect.","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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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":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},"next_section":{"id":54631,"structure_id":13626,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","url":"\/46.2-341.26_3\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.26:2\/","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 3 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 1993, chapter 673; in 2005, chapter 616<\/a>; in 2017, chapter 623<\/a>.<\/p>","references":[{"id":74505,"section_number":"46.2-341.22","catch_line":"Requirements upon disqualification","order_by":null,"url":"\/46.2-341.22\/"},{"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":74934,"section_number":"46.2-341.26:11","catch_line":"Substantial compliance","order_by":null,"url":"\/46.2-341.26_11\/"},{"id":54631,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","order_by":null,"url":"\/46.2-341.26_3\/"},{"id":76404,"section_number":"46.2-341.26:7","catch_line":"Transmission of samples","order_by":null,"url":"\/46.2-341.26_7\/"},{"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\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"},{"id":66643,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","order_by":null,"url":"\/46.2-391.2\/"},{"id":81229,"section_number":"46.2-936","catch_line":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","order_by":null,"url":"\/46.2-936\/"}],"refers_to":[{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"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":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\/"},{"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":226761,"object_type":"law","relational_id":75923,"identifier":"46.2-341.26:2","token":"46.2\/II\/3\/6.1\/46.2-341.26_2","url":"\/46.2-341.26_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.26_2\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_2","dublin_core":{"Title":"Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.26:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span>, whether licensed by Virginia or not, who operates a commercial motor vehicle<\/span> upon a highway<\/span> as defined in § 46.2-100<\/a> in 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 he is arrested for violation of § 46.2-341.24<\/a> or 46.2-341.31<\/a> within three hours of the alleged offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such person<\/span> shall be required to have a breath sample taken and 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. If the equipment automatically produces a written printout of the breath test result, the printout or a copy shall be given to the suspect. If a breath test is not available, then a blood test shall be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The person<\/span> may be required to submit to blood tests to determine the drug content of his blood if he has been arrested pursuant to provision (iii), (iv), or (v) of subsection A of § 46.2-341.24<\/a>, or if he has taken the breath test required pursuant to subsection B and the law<\/span>-enforcement officer<\/span> has reasonable cause to believe the person<\/span> was driving 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

D.<\/span> If the certificate of analysis referred to in § 46.2-341.26:9<\/a> indicates the presence of alcohol in the suspect’s blood, the suspect shall be taken before a magistrate<\/span> to determine whether the magistrate<\/span> should issue<\/span> an out-of-service order<\/span> prohibiting the suspect from driving any commercial motor vehicle<\/span> for a 24-hour period. If the magistrate<\/span> finds that there is probable cause<\/span> to believe that the suspect was driving a commercial motor vehicle<\/span> with any measurable amount of alcohol in his blood, the magistrate<\/span> shall issue<\/span> an out-of-service order<\/span> prohibiting the suspect from driving any commercial motor vehicle<\/span> for a period of 24 hours. The magistrate<\/span> shall forward a copy of the out-of-service order<\/span> to the Department<\/span> within seven days after issuing the order. The order shall be in addition to any other action or sanction<\/span> permitted or required by law<\/span> to be taken against or imposed upon the suspect. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPLIED CONSENT TO POST-ARREST CHEMICAL TEST TO DETERMINE ALCOHOL OR DRUG\nCONTENT OF BLOOD OF COMMERCIAL DRIVER (\u00a7 46.2-341.26:2)\n\nA. Any person, whether licensed by Virginia or not, who operates a commercial\nmotor vehicle upon a highway as defined in § 46.2-100 in the Commonwealth\nshall be deemed thereby, as a condition of such operation, to have consented to\nhave samples of his blood, breath, or both blood and breath taken for a chemical\ntest to determine the alcohol, drug or both alcohol and drug content of his\nblood, if he is arrested for violation of § 46.2-341.24 or 46.2-341.31\nwithin three hours of the alleged offense.\n\nB. Such person shall be required to have a breath sample taken and shall be\nentitled, upon request, to observe the process of analysis and to see the\nblood-alcohol reading on the equipment used to perform the breath test. If the\nequipment automatically produces a written printout of the breath test result,\nthe printout or a copy shall be given to the suspect. If a breath test is not\navailable, then a blood test shall be required.\n\nC. The person may be required to submit to blood tests to determine the drug\ncontent of his blood if he has been arrested pursuant to provision (iii), (iv),\nor (v) of subsection A of § 46.2-341.24, or if he has taken the breath test\nrequired pursuant to subsection B and the law-enforcement officer has reasonable\ncause to believe the person was driving under the influence of any drug or\ncombination of drugs, or the combined influence of alcohol and drugs.\n\nD. If the certificate of analysis referred to in § 46.2-341.26:9 indicates\nthe presence of alcohol in the suspect’s blood, the suspect shall be taken\nbefore a magistrate to determine whether the magistrate should issue an\nout-of-service order prohibiting the suspect from driving any commercial motor\nvehicle for a 24-hour period. If the magistrate finds that there is probable\ncause to believe that the suspect was driving a commercial motor vehicle with\nany measurable amount of alcohol in his blood, the magistrate shall issue an\nout-of-service order prohibiting the suspect from driving any commercial motor\nvehicle for a period of 24 hours. The magistrate shall forward a copy of the\nout-of-service order to the Department within seven days after issuing the\norder. The order shall be in addition to any other action or sanction permitted\nor required by law to be taken against or imposed upon the suspect.\n\nHISTORY: 1992, c. 830; 1993, c. 673; 2005, c. 616; 2017, c. 623.","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}}