2006 Code of Virginia § 46.2-341.27 - Presumptions from alcohol and drug content of blood

46.2-341.27. Presumptions from alcohol and drug content of blood.

In any prosecution for a violation of provision (ii), (iii) or (iv) ofsubsection A of 46.2-341.24, the amount of alcohol or drugs in the blood ofthe accused at the time of the alleged offense as indicated by a chemicalanalysis of a sample of the suspect's blood or breath to determine thealcohol or drug content of his blood in accordance with the provisions of 46.2-341.26:1 through 46.2-341.26:11 shall give rise to the followingrebuttable presumptions:

A. If there was at that time 0.08 percent or more by weight by volume ofalcohol in the accused's blood or 0.08 grams or more per 210 liters of theaccused's breath, it shall be presumed that the accused was under theinfluence of alcoholic intoxicants.

B. If there was at that time less than 0.08 percent by weight by volume ofalcohol in the accused's blood or 0.08 grams or more per 210 liters of theaccused's breath, such fact shall not give rise to any presumption that theaccused was or was not under the influence of alcoholic intoxicants, but suchfact may be considered with other competent evidence in determining the guiltor innocence of the accused.

C. If there was at that time an amount of the following substances at a levelthat is equal to or greater than: (a) 0.02 milligrams of cocaine per liter ofblood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumedthat the accused was under the influence of drugs to a degree which impairshis ability to drive or operate any commercial motor vehicle safely.

(1989, c. 705, 46.1-372.26; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616.)