Virginia law requires that breath tests used as evidence in DUI cases be conducted by licensed individuals using approved equipment and methods. The Department establishes training and licensing procedures for breath test administrators, ensuring the validity and reliability of test results. Certified certificates issued after testing are admissible in court as evidence, provided certain procedural requirements are met.
Only individuals with a valid license issued by the Department of Motor Vehicles, trained and approved to use specific breath test equipment, can conduct breath tests for legal purposes.
The certificate must include the test date and time, the accused's name, the alcohol content of the sample, the name of the examiner, and confirmation that the test was conducted according to Department specifications.
Yes, if the test was conducted by a licensed individual using approved methods and equipment, and the proper procedures were followed, the results are admissible as evidence.
The Department provides a training program, and individuals who successfully complete it are licensed to conduct breath tests with specific approved equipment.