                                 CODE OF VIRGINIA

ASSURANCE OF BREATH TEST VALIDITY; USE OF BREATH TESTS AS EVIDENCE (§
46.2-341.26:9)

To be capable of being considered valid in a prosecution under § 46.2-341.24 or
46.2-341.31, chemical analysis of a person&#8217;s breath shall be performed by
an individual possessing a valid license to conduct such tests, with the type of
equipment and in accordance with methods approved by the Department.
		Any individual conducting a breath test under the provisions of §
46.2-341.26:2 shall issue a certificate which includes the name of the suspect,
the date and time the sample was taken from the suspect, the alcohol content of
the sample, and the identity of the person who examined the sample. The
certificate will also indicate that the test was conducted in accordance with
the Department&#8217;s specifications.
		The certificate of analysis, when attested by the authorized 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 § 19.2-187.1 have been satisfied and the
accused has not objected to the admission of the certificate pursuant to
subsection B of § 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 such certificate shall be promptly delivered to the suspect. Any
person qualified to conduct a breath test as provided by this section may
administer the breath test or analyze the results thereof.

HISTORY: 1992, c. 830; 2005, cc. 868, 881; 2009, Sp. Sess. I, cc. 1, 4; 2017, c.
623.