2006 Code of Virginia § 46.2-341.25 - Preliminary analysis of breath of commercial drivers to determine alcohol content of bloo...

46.2-341.25. Preliminary analysis of breath of commercial drivers todetermine alcohol content of blood.

A. Any person who is reasonably suspected of a violation of 46.2-341.24 orof having any alcohol in his blood while driving or operating a commercialmotor vehicle may be required by any law-enforcement officer to provide asample of such person's breath for a preliminary screening to determine theprobable alcohol content of his blood. Such person shall be entitled, uponrequest, to observe the process of analysis and to see the blood-alcoholreading on the equipment used to perform the breath test. Such breath may beanalyzed by any police officer of the Commonwealth, or of any county, city,or town, or by any member of a sheriff's department in the normal dischargeof his duties.

B. The Department of Forensic Science shall determine the proper method andequipment to be used in analyzing breath samples taken pursuant to thissection and shall advise the respective police and sheriff's departments ofthe same.

C. If the breath sample analysis indicates that there is alcohol present inthe person's blood, or if the person refuses to provide a sample of hisbreath for a preliminary screening, such person shall then be subject to theprovisions of 46.2-341.26:1 through 46.2-341.26:11.

D. The results of a breath analysis conducted pursuant to this section shallnot be admitted into evidence in any prosecution under 46.2-341.24 or46.2-341.31, but may be used as a basis for charging a person for a violationof the provisions of 46.2-341.24 or 46.2-341.31.

E. The law-enforcement officer requiring the preliminary screening test shalladvise the person of his obligations under this section and of the provisionsof subsection C of this section.

(1989, c. 705, 46.1-372.24; 1990, cc. 218, 825; 1992, c. 830; 1996, cc.154, 952; 2005, cc. 868, 881.)