                                 CODE OF VIRGINIA

PRELIMINARY ANALYSIS OF BREATH OF COMMERCIAL DRIVERS TO DETERMINE ALCOHOL
CONTENT OF BLOOD (§ 46.2-341.25)

A. Any person who is reasonably suspected of a violation of &#xA7; 46.2-341.24
or of having any alcohol in his blood while driving or operating a commercial
motor vehicle may be required by any law-enforcement officer to provide a sample
of such person&#8217;s breath for a preliminary screening to determine the
probable alcohol content of his blood. Such person shall be entitled, upon
request, to observe the process of analysis and to see the blood-alcohol reading
on the equipment used to perform the breath test. Such breath may be analyzed by
any police officer of the Commonwealth, or of any county, city, or town, or by
any member of a sheriff&#8217;s department in the normal discharge of his
duties.

B. The Department of Forensic Science shall determine the proper method and
equipment to be used in analyzing breath samples taken pursuant to this section
and shall advise the respective police and sheriff&#8217;s departments of the
same.

C. If the breath sample analysis indicates that there is alcohol present in the
person&#8217;s blood, or if the person refuses to provide a sample of his breath
for a preliminary screening, such person shall then be subject to the provisions
of &#xA7;&#xA7; 46.2-341.26:1 through 46.2-341.26:11.

D. The results of a breath analysis conducted pursuant to this section shall not
be admitted into evidence in any prosecution under &#xA7; 46.2-341.24 or
46.2-341.31, but may be used as a basis for charging a person for a violation of
the provisions of &#xA7; 46.2-341.24 or 46.2-341.31.

E. The law-enforcement officer requiring the preliminary screening test shall
advise the person of his obligations under this section and of the provisions of
subsection C of this section.

HISTORY: 1989, c. 705, § 46.1-372.24; 1990, cc. 218, 825; 1992, c. 830; 1996,
cc. 154, 952; 2005, cc. 868, 881.