                                 CODE OF VIRGINIA

SUBSTANTIAL COMPLIANCE (§ 46.2-341.26:11)

The steps set forth in §§ 46.2-341.26:2 through 46.2-341.26:9 relating to
taking, handling, identifying, and disposing of blood or breath samples are
procedural and not substantive. Substantial compliance shall be sufficient.
Failure to comply with any steps or portions thereof shall not of itself be
grounds for finding the defendant not guilty, but shall go to the weight of the
evidence and shall be considered with all the evidence in the case; however, the
defendant shall have the right to introduce evidence on his own behalf to show
noncompliance with the aforesaid procedures or any part thereof, and that as a
result his rights were prejudiced.

HISTORY: 1992, c. 830; 2003, cc. 933, 936.