2006 Code of Virginia § 46.2-341.26:2 - Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of comme...

46.2-341.26:2. Implied consent to post-arrest chemical test to determinealcohol or drug content of blood of commercial driver.

A. Any person, whether licensed by Virginia or not, who operates a commercialmotor vehicle upon a highway as defined in 46.2-100 in the Commonwealthshall be deemed thereby, as a condition of such operation, to have consentedto have samples of his blood, breath, or both blood and breath taken for achemical test to determine the alcohol, drug or both alcohol and drug contentof his blood, if he is arrested for violation of 46.2-341.24 or 46.2-341.31within two hours of the alleged offense.

B. Such person shall be required to have a breath sample taken and shall beentitled, upon request, to observe the process of analysis and to see theblood-alcohol reading on the equipment used to perform the breath test. Ifthe equipment automatically produces a written printout of the breath testresult, the printout or a copy shall be given to the suspect. If a breathtest is not available, then a blood test shall be required.

C. The person may be required to submit to blood tests to determine the drugcontent of his blood if he has been arrested pursuant to provision (iii),(iv), or (v) of subsection A of 46.2-341.24, or if he has taken the breathtest required pursuant to subsection B and the law-enforcement officer hasreasonable cause to believe the person was driving under the influence of anydrug or combination of drugs, or the combined influence of alcohol and drugs.

D. If the certificate of analysis referred to in 46.2-341.26:9 indicatesthe presence of alcohol in the suspect's blood, the suspect shall be takenbefore a magistrate to determine whether the magistrate should issue anout-of-service order prohibiting the suspect from driving any commercialmotor vehicle for a 24-hour period. If the magistrate finds that there isprobable cause to believe that the suspect was driving a commercial motorvehicle with any measurable amount of alcohol in his blood, the magistrateshall issue an out-of-service order prohibiting the suspect from driving anycommercial motor vehicle for a period of 24 hours. The magistrate shallforward a copy of the out-of-service order to the Department within sevendays after issuing the order. The order shall be in addition to any otheraction or sanction permitted or required by law to be taken against orimposed upon the suspect.

(1992, c. 830; 1993, c. 673; 2005, c. 616.)

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