§ 46.2-341.26:9. Assurance of breath test validity; use as evidence
To be capable of being considered valid in a prosecution under § 46.2-341.24 or 46.2-341.31, chemical analysis of a person's breath shall be performed by an individual possessing a valid license to conduct such tests, with the type of equipment and in accordance with methods approved by the Department under the 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 the suspect, the date and time the sample was taken from the suspect, the alcohol content of the sample, and the identity of the person who examined the sample. The certificate will also indicate that the test was conducted in accordance with the Department's specifications and that the equipment on which the breath test was conducted has been tested within the past six months and has been found to be accurate. The certificate, when attested by the authorized individual conducting the breath test, shall be admissible in any court in any criminal or civil proceeding as evidence of the facts therein stated and of the results of such analysis. Any such certificate of analysis purporting to be signed by a person authorized by the Department shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it.
A copy of such certificate shall be promptly delivered to the suspect. The law-enforcement officer requiring the test or anyone with such officer at the time 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.)
Sections: Previous 46.2-341.26:2 46.2-341.26:3 46.2-341.26:4 46.2-341.26:5 46.2-341.26:6 46.2-341.26:7 46.2-341.26:8 46.2-341.26:9 46.2-341.26:10 46.2-341.26:11 46.2-341.27 46.2-341.28 46.2-341.29 46.2-341.30 46.2-341.31 NextLast modified: April 16, 2009