                                 CODE OF VIRGINIA

PRESUMPTIONS FROM ALCOHOL OR DRUG CONTENT (§ 29.1-738.3)

In any prosecution for operating a watercraft or motorboat that is underway in
violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738, or of a
similar ordinance of any county, city or town, 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 § 29.1-738.2 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 rebuttable presumptions of subdivisions A 1 through 4 of
§ 18.2-269.

HISTORY: 1989, c. 726; 1995, c. 130; 2005, c. 616; 2017, c. 623.