§ 46.2-341.26:9. Assurance of breath test validity; use of breath tests asevidence.
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.
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.
The certificate of analysis, when attested by the authorized individualconducting the breath test on equipment maintained by the Department, shallbe admissible in any court as evidence of the facts therein stated and of theresults of such analysis (i) in any criminal proceeding, provided that therequirements of subsection A of § 19.2-187.1 have been satisfied and theaccused has not objected to the admission of the certificate pursuant tosubsection B of § 19.2-187.1, or (ii) in any civil proceeding. Any suchcertificate of analysis purporting to be signed by a person authorized by theDepartment shall be admissible in evidence without proof of seal or signatureof the person 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; 2009, Sp. Sess. I, cc. 1, 4.)
§ 46.2-341.26:9. Assurance of breath test validity; use of breath tests asevidence.
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.
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.
The certificate of analysis, when attested by the authorized individualconducting the breath test on equipment maintained by the Department, shallbe admissible in any court as evidence of the facts therein stated and of theresults of such analysis (i) in any criminal proceeding, provided that therequirements of subsection A of § 19.2-187.1 have been satisfied and theaccused has not objected to the admission of the certificate pursuant tosubsection B of § 19.2-187.1, or (ii) in any civil proceeding. Any suchcertificate of analysis purporting to be signed by a person authorized by theDepartment shall be admissible in evidence without proof of seal or signatureof the person 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; 2009, Sp. Sess. I, cc. 1, 4.)
§ 46.2-341.26:9. Assurance of breath test validity; use of breath tests asevidence.
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.
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.
The certificate of analysis, when attested by the authorized individualconducting the breath test on equipment maintained by the Department, shallbe admissible in any court as evidence of the facts therein stated and of theresults of such analysis (i) in any criminal proceeding, provided that therequirements of subsection A of § 19.2-187.1 have been satisfied and theaccused has not objected to the admission of the certificate pursuant tosubsection B of § 19.2-187.1, or (ii) in any civil proceeding. Any suchcertificate of analysis purporting to be signed by a person authorized by theDepartment shall be admissible in evidence without proof of seal or signatureof the person 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; 2009, Sp. Sess. I, cc. 1, 4.)
