                                 CODE OF VIRGINIA

PRESUMPTIONS FROM ALCOHOL AND DRUG CONTENT OF BLOOD (§ 46.2-341.27)

In any prosecution for a violation of clause (ii), (iii), or (iv) of subsection
A of § 46.2-341.24, 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 suspect&#8217;s blood or breath to determine the alcohol or drug
content of his blood (i) in accordance with the provisions of §§ 46.2-341.26:1
through 46.2-341.26:11 or (ii) performed by the Department of Forensic Science
in accordance with the provisions of §§ 46.2-341.26:5, 46.2-341.26:6, and
46.2-341.26:7 on the suspect&#8217;s whole blood drawn pursuant to a search
warrant shall give rise to the following rebuttable presumptions:

A. 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 alcoholic intoxicants.

B. If there was at that time less than 0.08 percent 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, such fact shall not give rise to any presumption that
the accused was or was not under the influence of alcoholic intoxicants, but
such fact may be considered with other competent evidence in determining the
guilt or innocence of the accused.

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

HISTORY: 1989, c. 705, § 46.1-372.26; 1992, c. 830; 1994, cc. 359, 363; 2005,
c. 616; 2017, c. 623.