                                 CODE OF VIRGINIA

ASSURANCE OF BREATH-TEST VALIDITY; USE OF BREATH-TEST RESULTS AS EVIDENCE (§
18.2-268.9)

A. To be capable of being considered valid as evidence in a prosecution under
&#xA7; 18.2-266 or 18.2-266.1 or subsection B of &#xA7; 18.2-272 or a similar
ordinance, chemical analysis of a person&#8217;s breath shall be performed by an
individual possessing a valid license to conduct such tests, with a type of
equipment and in accordance with methods approved by the Department.

B. The Department shall establish a training program for all individuals who are
to administer the breath tests. Upon a person&#8217;s successful completion of
the training program, the Department may license him to conduct breath-test
analyses. Such license shall identify the specific types of breath test
equipment upon which the individual has successfully completed training. Any
individual conducting a breath test under the provisions of &#xA7; 18.2-268.2
shall issue a certificate which will indicate that the test was conducted in
accordance with the Department&#8217;s specifications, the name of the accused,
that prior to administration of the test the accused was advised of his right to
observe the process and see the blood alcohol reading on the equipment used to
perform the breath test, the date and time the sample was taken from the
accused, the sample&#8217;s alcohol content, and the name of the person who
examined the sample. This certificate, when attested by the 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 &#xA7; 19.2-187.1 have been satisfied and the
accused has not objected to the admission of the certificate pursuant to
subsection B of &#xA7; 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. A copy of the certificate shall be
promptly delivered to the accused. Copies of Department records relating to any
breath test conducted pursuant to this section shall be admissible provided such
copies are authenticated as true copies either by the custodian thereof or by
the person to whom the custodian reports.
			Any person qualified to conduct a breath test as provided by this section may
administer the breath test or analyze the results.

HISTORY: 1992, c. 830; 1994, cc. 359, 363; 1996, cc. 154, 952; 1997, c. 256;
1999, c. 273; 2004, c. 1013; 2005, cc. 757, 840, 868, 881; 2006, c. 101; 2009,
Sp. Sess. I, cc. 1, 4; 2017, c. 623.