{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.27.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.27.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.27.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.27.html"}],"law_id":86700,"edition_id":1,"section_id":86700,"structure_id":13626,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","history":"1989, c. 705, \u00a7 46.1-372.26; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616; 2017, c. 623.","full_text":"In any prosecution for a violation of clause (ii), (iii), or (iv) of subsection A of \u00a7 46.2-341.24, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the suspect’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of \u00a7\u00a7 46.2-341.26:1 through 46.2-341.26:11 or (ii) performed by the Department of Forensic Science in accordance with the provisions of \u00a7\u00a7 46.2-341.26:5, 46.2-341.26:6, and 46.2-341.26:7 on the suspect’s whole blood drawn pursuant to a search warrant shall give rise to the following rebuttable presumptions:\n\nA\n\nIf there was at that time 0.08 percent or more by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, it shall be presumed that the accused was under the influence of alcoholic intoxicants.B\n\nIf there was at that time less than 0.08 percent by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, such fact shall not give rise to any presumption that the accused was or was not under the influence of alcoholic intoxicants, but such fact may be considered with other competent evidence in determining the guilt or innocence of the accused.C\n\nIf there was at that time an amount of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs to a degree which impairs his ability to drive or operate any commercial motor vehicle safely.","order_by":null,"text":{"0":{"id":310531,"text":"In any prosecution for a violation of clause (ii), (iii), or (iv) of subsection A of \u00a7 46.2-341.24, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the suspect’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of \u00a7\u00a7 46.2-341.26:1 through 46.2-341.26:11 or (ii) performed by the Department of Forensic Science in accordance with the provisions of \u00a7\u00a7 46.2-341.26:5, 46.2-341.26:6, and 46.2-341.26:7 on the suspect’s whole blood drawn pursuant to a search warrant shall give rise to the following rebuttable presumptions:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"A"},"1":{"id":310532,"text":"If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, it shall be presumed that the accused was under the influence of alcoholic intoxicants.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"","next_prefix":"B"},"2":{"id":310533,"text":"If there was at that time less than 0.08 percent by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, such fact shall not give rise to any presumption that the accused was or was not under the influence of alcoholic intoxicants, but such fact may be considered with other competent evidence in determining the guilt or innocence of the accused.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"3":{"id":310534,"text":"If there was at that time an amount of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs to a degree which impairs his ability to drive or operate any commercial motor vehicle safely.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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 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use of breath tests as evidence","url":"\/46.2-341.26_9\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_9","metadata":false},"next_section":{"id":75919,"structure_id":13626,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","url":"\/46.2-341.28\/","token":"46.2\/II\/3\/6.1\/46.2-341.28","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.27\/","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 1992, chapter 830; in 1994, chapters 359<\/a> and 363<\/a>; in 2005, chapter 616<\/a>; in 2017, chapter 623<\/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":74934,"section_number":"46.2-341.26:11","catch_line":"Substantial compliance","order_by":null,"url":"\/46.2-341.26_11\/"},{"id":72166,"section_number":"46.2-341.26:5","catch_line":"Qualifications and liability of persons authorized to take blood samples; procedure for taking samples","order_by":null,"url":"\/46.2-341.26_5\/"},{"id":72740,"section_number":"46.2-341.26:6","catch_line":"Transmission of blood samples","order_by":null,"url":"\/46.2-341.26_6\/"},{"id":76404,"section_number":"46.2-341.26:7","catch_line":"Transmission of samples","order_by":null,"url":"\/46.2-341.26_7\/"}],"permalink":{"id":226793,"object_type":"law","relational_id":86700,"identifier":"46.2-341.27","token":"46.2\/II\/3\/6.1\/46.2-341.27","url":"\/46.2-341.27\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.27\/","token":"46.2\/II\/3\/6.1\/46.2-341.27","dublin_core":{"Title":"Presumptions from alcohol and drug content of blood","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.27","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any prosecution<\/span> for a violation of clause (ii), (iii), or (iv) of subsection A of \u00a7 46.2-341.24<\/a>, the amount of alcohol or drugs in the blood of the accused<\/span> at the time of the alleged offense<\/span> as indicated by a chemical analysis of a sample of the suspect’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of \u00a7\u00a7 46.2-341.26:1<\/a> through 46.2-341.26:11<\/a> or (ii) performed by the Department<\/span> of Forensic Science in accordance with the provisions of \u00a7\u00a7 46.2-341.26:5<\/a>, 46.2-341.26:6<\/a>, and 46.2-341.26:7<\/a> on the suspect’s whole blood drawn pursuant to a search warrant<\/span> shall give rise to the following rebuttable presumptions<\/span>:<\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused<\/span>’s blood or 0.08 grams or more per 210 liters of the accused<\/span>’s breath, it shall be presumed that the accused<\/span> was under the influence of alcoholic intoxicants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If there was at that time less than 0.08 percent by weight by volume of alcohol in the accused<\/span>’s blood or 0.08 grams or more per 210 liters of the accused<\/span>’s breath, such fact<\/span> shall not give rise to any presumption<\/span> that the accused<\/span> was or was not under the influence of alcoholic intoxicants, but such fact<\/span> may be considered with other competent evidence<\/span> in determining the guilt or innocence of the accused<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If there was at that time an amount of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused<\/span> was under the influence of drugs to a degree which impairs his ability to drive or operate any commercial motor vehicle<\/span> safely. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTIONS FROM ALCOHOL AND DRUG CONTENT OF BLOOD (\u00a7 46.2-341.27)\n\nIn any prosecution for a violation of clause (ii), (iii), or (iv) of subsection\nA of \u00a7 46.2-341.24, the amount of alcohol or drugs in the blood of the accused\nat the time of the alleged offense as indicated by a chemical analysis of a\nsample of the suspect’s blood or breath to determine the alcohol or drug\ncontent of his blood (i) in accordance with the provisions of \u00a7\u00a7 46.2-341.26:1\nthrough 46.2-341.26:11 or (ii) performed by the Department of Forensic Science\nin accordance with the provisions of \u00a7\u00a7 46.2-341.26:5, 46.2-341.26:6, and\n46.2-341.26:7 on the suspect’s whole blood drawn pursuant to a search\nwarrant shall give rise to the following rebuttable presumptions:\n\nA. If there was at that time 0.08 percent or more by weight by volume of alcohol\nin the accused’s blood or 0.08 grams or more per 210 liters of the\naccused’s breath, it shall be presumed that the accused was under the\ninfluence of alcoholic intoxicants.\n\nB. If there was at that time less than 0.08 percent by weight by volume of\nalcohol in the accused’s blood or 0.08 grams or more per 210 liters of the\naccused’s breath, such fact shall not give rise to any presumption that\nthe accused was or was not under the influence of alcoholic intoxicants, but\nsuch fact may be considered with other competent evidence in determining the\nguilt or innocence of the accused.\n\nC. If there was at that time an amount of the following substances at a level\nthat is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of\nblood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01\nmilligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of\n3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that\nthe accused was under the influence of drugs to a degree which impairs his\nability to drive or operate any commercial motor vehicle safely.\n\nHISTORY: 1989, c. 705, \u00a7 46.1-372.26; 1992, c. 830; 1994, cc. 359, 363; 2005,\nc. 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}}