Plain-Language Summary

Virginia law requires law enforcement officers to advise individuals of their rights before administering a breath test to determine blood alcohol content. If officers fail to do so, the breath sample cannot be used in court to establish probable cause. The section clarifies that this does not limit other related provisions under Virginia law.

Frequently Asked Questions

If the officer fails to inform you of your rights, any breath sample obtained cannot be used in court to establish probable cause for a DUI charge.

No, according to Virginia law, the breath sample is inadmissible for probable cause if you weren't advised of your rights beforehand.

This section specifically addresses breath tests; other tests like blood or urine may be governed by different rules and laws.

No, Virginia Code § 18.2-268 has been repealed; however, the principles regarding rights advisement still influence current law and procedures.