Virginia Code § 18.2-267 grants individuals suspected of certain alcohol-related offenses the right to have their breath analyzed for blood alcohol content, observe the process, and refuse testing without it being used against them in court. The law also establishes standards for analysis methods and equipment, and specifies procedures following a positive alcohol test.
Yes, under Virginia law, you have the right to refuse a breath test. However, refusal may have legal consequences and can be considered evidence of guilt.
No, the law states that refusal to permit a breath analysis shall not be used as evidence in prosecution for the offense.
Any police officer or sheriff's department member in the normal course of duty, using equipment and methods approved by the Department of Forensic Science.
Yes, individuals have the right to observe the process and see the blood-alcohol reading on the equipment used.