Virginia Code § 18.2-269 establishes presumptions regarding blood alcohol content (BAC) levels and their relation to intoxication during criminal offenses. It specifies how different BAC levels are presumed to indicate whether a person was under the influence of alcohol at the time of an offense, with rebuttable presumptions based on chemical analysis results. The law also clarifies how these presumptions can be used in court to determine intoxication status.
It sets presumptions based on BAC levels: 0.05% or less suggests no intoxication, over 0.08% indicates intoxication, and levels in between are considered with other evidence.
Blood or breath samples are analyzed according to specific Virginia statutes and procedures, including those performed by the Department of Forensic Science.
Yes, the presumptions are rebuttable, meaning evidence can be presented to challenge or override these assumptions.
It applies to violations of specific statutes related to alcohol or drug influence, such as DUI and similar offenses, when chemical analysis evidence is used.