2006 Code of Virginia § 46.2-341.26:9 - Assurance of breath test validity; use as evidence

46.2-341.26:9. Assurance of breath test validity; use as evidence.

To be capable of being considered valid in a prosecution under 46.2-341.24or 46.2-341.31, chemical analysis of a person's breath shall be performed byan individual possessing a valid license to conduct such tests, with the typeof equipment and in accordance with methods approved by the Department underthe provisions of 18.2-268.9.

Any individual conducting a breath test under the provisions of 46.2-341.26:2 shall issue a certificate which includes the name of thesuspect, the date and time the sample was taken from the suspect, the alcoholcontent of the sample, and the identity of the person who examined thesample. The certificate will also indicate that the test was conducted inaccordance with the Department's specifications and that the equipment onwhich the breath test was conducted has been tested within the past sixmonths and has been found to be accurate. The certificate, when attested bythe authorized individual conducting the breath test, shall be admissible inany court in any criminal or civil proceeding as evidence of the factstherein stated and of the results of such analysis. Any such certificate ofanalysis purporting to be signed by a person authorized by the Departmentshall be admissible in evidence without proof of seal or signature of theperson whose name is signed to it.

A copy of such certificate shall be promptly delivered to the suspect. Thelaw-enforcement officer requiring the test or anyone with such officer at thetime if otherwise qualified to conduct such test as provided by this section,may administer the breath test or analyze the results thereof.

(1992, c. 830; 2005, cc. 868, 881.)