                                 CODE OF VIRGINIA

PRESUMPTIONS FROM ALCOHOL OR DRUG CONTENT OF BLOOD (§ 18.2-269)

A. In any prosecution for a violation of § 18.2-36.1 or clause (ii), (iii), or
(iv) of § 18.2-266 or any similar ordinance, 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 accused&#8217;s blood or breath to
determine the alcohol or drug content of his blood (i) in accordance with the
provisions of §§ 18.2-268.1 through 18.2-268.12 or (ii) performed by the
Department of Forensic Science in accordance with the provisions of §§
18.2-268.5, 18.2-268.6, and 18.2-268.7 on the suspect&#8217;s whole blood drawn
pursuant to a search warrant shall give rise to the following rebuttable
presumptions:

   1. If there was at that time 0.05 percent or less by weight by volume of
   alcohol in the accused&#8217;s blood or 0.05 grams or less per 210 liters of
   the accused&#8217;s breath, it shall be presumed that the accused was not
   under the influence of alcohol intoxicants at the time of the alleged offense;

   2. If there was at that time in excess of 0.05 percent but less than 0.08
   percent by weight by volume of alcohol in the accused&#8217;s blood or 0.05
   grams but less than 0.08 grams per 210 liters of the accused&#8217;s breath,
   such facts shall not give rise to any presumption that the accused was or was
   not under the influence of alcohol intoxicants at the time of the alleged
   offense, but such facts may be considered with other competent evidence in
   determining the guilt or innocence of the accused;

   3. If there was at that time 0.08 percent or more by weight by volume of
   alcohol in the accused&#8217;s blood or 0.08 grams or more per 210 liters of
   the accused&#8217;s breath, it shall be presumed that the accused was under
   the influence of alcohol intoxicants at the time of the alleged offense; or

   4. If there was at that time an amount of the following substances at a level
   that is equal to or greater than: (i) 0.02 milligrams of cocaine per liter of
   blood, (ii) 0.1 milligrams of methamphetamine per liter of blood, (iii) 0.01
   milligrams of phencyclidine per liter of blood, or (iv) 0.1 milligrams of
   3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed
   that the accused was under the influence of drugs at the time of the alleged
   offense to a degree which impairs his ability to drive or operate any motor
   vehicle, engine or train safely.

B. The provisions of this section shall not apply to and shall not affect any
prosecution for a violation of &#xA7; 46.2-341.24.

HISTORY: Code 1950, § 18.1-57; 1960, c. 358; 1964, c. 240; 1966, c. 636; 1972,
c. 757; 1973, c. 459; 1975, cc. 14, 15; 1977, c. 638; 1983, c. 504; 1986, c.
635; 1989, cc. 554, 574, 705; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616;
2017, c. 623.