{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.26_9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.26_9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.26_9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.26_9.html"}],"law_id":84778,"edition_id":1,"section_id":84778,"structure_id":13626,"section_number":"46.2-341.26:9","catch_line":"Assurance of breath test validity; use of breath tests as evidence","history":"1992, c. 830; 2005, cc. 868, 881; 2009, Sp. Sess. I, cc. 1, 4; 2017, c. 623.","full_text":"To be capable of being considered valid in a prosecution under \u00a7 46.2-341.24 or 46.2-341.31, chemical analysis of a person&#8217;s breath shall be performed by an individual possessing a valid license to conduct such tests, with the type of equipment and in accordance with methods approved by the Department.\n\t\tAny individual conducting a breath test under the provisions of \u00a7 46.2-341.26:2 shall issue a certificate which includes the name of the suspect, the date and time the sample was taken from the suspect, the alcohol content of the sample, and the identity of the person who examined the sample. The certificate will also indicate that the test was conducted in accordance with the Department&#8217;s specifications.\n\t\tThe certificate of analysis, when attested by the authorized individual conducting the breath test on equipment maintained by the Department, shall be admissible in any court as evidence of the facts therein stated and of the results of such analysis (i) in any criminal proceeding, provided that the requirements of subsection A of \u00a7 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of \u00a7 19.2-187.1, or (ii) in any civil proceeding. Any such certificate of analysis purporting to be signed by a person authorized by the Department shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it.\n\t\tA copy of such certificate shall be promptly delivered to the suspect. Any person qualified to conduct a breath test as provided by this section may administer the breath test or analyze the results thereof.","order_by":null,"text":{"0":{"id":303778,"text":"To be capable of being considered valid in a prosecution under \u00a7 46.2-341.24 or 46.2-341.31, chemical analysis of a person&#8217;s breath shall be performed by an individual possessing a valid license to conduct such tests, with the type of equipment and in accordance with methods approved by the Department.\n\t\tAny individual conducting a breath test under the provisions of \u00a7 46.2-341.26:2 shall issue a certificate which includes the name of the suspect, the date and time the sample was taken from the suspect, the alcohol content of the sample, and the identity of the person who examined the sample. The certificate will also indicate that the test was conducted in accordance with the Department&#8217;s specifications.\n\t\tThe certificate of analysis, when attested by the authorized individual conducting the breath test on equipment maintained by the Department, shall be admissible in any court as evidence of the facts therein stated and of the results of such analysis (i) in any criminal proceeding, provided that the requirements of subsection A of \u00a7 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of \u00a7 19.2-187.1, or (ii) in any civil proceeding. Any such certificate of analysis purporting to be signed by a person authorized by the Department shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it.\n\t\tA copy of such certificate shall be promptly delivered to the suspect. Any person qualified to conduct a breath test as provided by this section may administer the breath test or analyze the results thereof.","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; behind-the-wheel and knowledge examinations","url":"\/46.2-341.14\/","token":"46.2\/II\/3\/6.1\/46.2-341.14","metadata":false},{"id":60585,"structure_id":13626,"section_number":"46.2-341.14:01","catch_line":"Military third party testers and military third party examiners; substitute for knowledge and driving skills tests for drivers with military commercial motor vehicle experience","url":"\/46.2-341.14_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_01","metadata":false},{"id":65790,"structure_id":13626,"section_number":"46.2-341.14:1","catch_line":"Requirements for third party testers","url":"\/46.2-341.14_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_1","metadata":false},{"id":58605,"structure_id":13626,"section_number":"46.2-341.14:10","catch_line":"Waiver of requirement that third party tester applicant employ 50 drivers","url":"\/46.2-341.14_10\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_10","metadata":false},{"id":74641,"structure_id":13626,"section_number":"46.2-341.14:2","catch_line":"Requirements for third party examiners","url":"\/46.2-341.14_2\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_2","metadata":false},{"id":67015,"structure_id":13626,"section_number":"46.2-341.14:3","catch_line":"Application for certification by the Department","url":"\/46.2-341.14_3\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_3","metadata":false},{"id":64603,"structure_id":13626,"section_number":"46.2-341.14:4","catch_line":"Certification by the Department","url":"\/46.2-341.14_4\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_4","metadata":false},{"id":62670,"structure_id":13626,"section_number":"46.2-341.14:5","catch_line":"Terminating certification of third party tester or examiner","url":"\/46.2-341.14_5\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_5","metadata":false},{"id":84968,"structure_id":13626,"section_number":"46.2-341.14:6","catch_line":"Onsite inspections and audits","url":"\/46.2-341.14_6\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_6","metadata":false},{"id":55655,"structure_id":13626,"section_number":"46.2-341.14:7","catch_line":"Notification requirements","url":"\/46.2-341.14_7\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_7","metadata":false},{"id":81479,"structure_id":13626,"section_number":"46.2-341.14:8","catch_line":"Test administration","url":"\/46.2-341.14_8\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_8","metadata":false},{"id":57342,"structure_id":13626,"section_number":"46.2-341.14:9","catch_line":"The skills test certificate; 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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":68995,"structure_id":13626,"section_number":"46.2-341.26:8","catch_line":"Fees","url":"\/46.2-341.26_8\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_8","metadata":false},"next_section":{"id":86700,"structure_id":13626,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","url":"\/46.2-341.27\/","token":"46.2\/II\/3\/6.1\/46.2-341.27","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.26:9\/","history_text":"<p>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 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0868\">868<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0881\">881<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0623\">623<\/a>.<\/p>","references":[{"id":77353,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","order_by":null,"url":"\/19.2-187\/"},{"id":74934,"section_number":"46.2-341.26:11","catch_line":"Substantial compliance","order_by":null,"url":"\/46.2-341.26_11\/"},{"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\/"}],"refers_to":[{"id":73680,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","order_by":null,"url":"\/19.2-187.1\/"},{"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":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":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":226789,"object_type":"law","relational_id":84778,"identifier":"46.2-341.26:9","token":"46.2\/II\/3\/6.1\/46.2-341.26_9","url":"\/46.2-341.26_9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.26_9\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_9","dublin_core":{"Title":"Assurance of breath test validity; use of breath tests as evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.26:9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>To be capable of being considered valid in a <span class=\"dictionary\">prosecution<\/span> under \u00a7&nbsp;<a class=\"law\" title=\"Driving a commercial motor vehicle while intoxicated, etc\" href=\"\/46.2-341.24\/\">46.2-341.24<\/a> or <a class=\"law\" title=\"Driving commercial motor vehicle with any alcohol in blood\" href=\"\/46.2-341.31\/\">46.2-341.31<\/a>, chemical analysis of a <span class=\"dictionary\">person<\/span>&#8217;s breath shall be performed by an individual possessing a valid license to conduct such tests, with the type of equipment and in accordance with methods approved by the <span class=\"dictionary\">Department<\/span>.\n\t\tAny individual conducting a breath test under the provisions of \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> shall <span class=\"dictionary\">issue<\/span> a certificate which includes the name of the suspect, the date and time the sample was taken from the suspect, the alcohol content of the sample, and the identity of the <span class=\"dictionary\">person<\/span> who examined the sample. The certificate will also indicate that the test was conducted in accordance with the <span class=\"dictionary\">Department<\/span>&#8217;s specifications.\n\t\tThe certificate of analysis, when attested by the authorized individual conducting the breath test on equipment maintained by the <span class=\"dictionary\">Department<\/span>, shall be <span class=\"dictionary\">admissible<\/span> in any <span class=\"dictionary\">court<\/span> as <span class=\"dictionary\">evidence<\/span> of the <span class=\"dictionary\">facts<\/span> therein stated and of the results of such analysis (i) in any criminal proceeding, provided that the requirements of subsection A of \u00a7&nbsp;<a class=\"law\" title=\"Procedures for notifying accused of certificate of analysis; waiver; continuances\" href=\"\/19.2-187.1\/\">19.2-187.1<\/a> have been satisfied and the <span class=\"dictionary\">accused<\/span> has not objected to the admission of the certificate pursuant to subsection B of \u00a7&nbsp;<a class=\"law\" title=\"Procedures for notifying accused of certificate of analysis; waiver; continuances\" href=\"\/19.2-187.1\/\">19.2-187.1<\/a>, or (ii) in any civil proceeding. Any such certificate of analysis purporting to be signed by a <span class=\"dictionary\">person<\/span> authorized by the <span class=\"dictionary\">Department<\/span> shall be <span class=\"dictionary\">admissible<\/span> in <span class=\"dictionary\">evidence<\/span> without proof of seal or signature of the <span class=\"dictionary\">person<\/span> whose name is signed to it.\n\t\tA copy of such certificate shall be promptly delivered to the suspect. Any <span class=\"dictionary\">person<\/span> qualified to conduct a breath test as provided by this section may administer the breath test or analyze the results thereof.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nASSURANCE OF BREATH TEST VALIDITY; USE OF BREATH TESTS AS EVIDENCE (\u00a7\n46.2-341.26:9)\n\nTo be capable of being considered valid in a prosecution under \u00a7 46.2-341.24 or\n46.2-341.31, chemical analysis of a person&#8217;s breath shall be performed by\nan individual possessing a valid license to conduct such tests, with the type of\nequipment and in accordance with methods approved by the Department.\n\t\tAny individual conducting a breath test under the provisions of \u00a7\n46.2-341.26:2 shall issue a certificate which includes the name of the suspect,\nthe date and time the sample was taken from the suspect, the alcohol content of\nthe sample, and the identity of the person who examined the sample. The\ncertificate will also indicate that the test was conducted in accordance with\nthe Department&#8217;s specifications.\n\t\tThe certificate of analysis, when attested by the authorized individual\nconducting the breath test on equipment maintained by the Department, shall be\nadmissible in any court as evidence of the facts therein stated and of the\nresults of such analysis (i) in any criminal proceeding, provided that the\nrequirements of subsection A of \u00a7 19.2-187.1 have been satisfied and the\naccused has not objected to the admission of the certificate pursuant to\nsubsection B of \u00a7 19.2-187.1, or (ii) in any civil proceeding. Any such\ncertificate of analysis purporting to be signed by a person authorized by the\nDepartment shall be admissible in evidence without proof of seal or signature of\nthe person whose name is signed to it.\n\t\tA copy of such certificate shall be promptly delivered to the suspect. Any\nperson qualified to conduct a breath test as provided by this section may\nadminister the breath test or analyze the results thereof.\n\nHISTORY: 1992, c. 830; 2005, cc. 868, 881; 2009, Sp. Sess. I, cc. 1, 4; 2017, c.\n623.","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}}