Laserfiche WebLink
(c) Any person who has been stopped by a police officer <br />or by any member of the sheriff's department and is suspected <br />by such officer to be guilty of a violation of Section~ 22-421 <br />or 22-421.1, shall have the right to refuse to permit his <br />breath to be so analyzed, and his failure to permit such <br />analysis shall not be evidence in any prosecution under <br />Sections 22-421 or 22-421.1, provided, however, that nothing in <br />this section shall be construed as limiting in any manner the <br />provisions of Section 22-423. <br /> <br /> (d) Whenever the breath sample so taken and analyzed <br />indicates that there is alcohol present in the blood of the <br />person from whom the breath was taken, the officer may charge <br />such person for the violation of Section 22-421 or 22-421.1. <br />Any person so charged shall then be subject to the provisions <br />of Section 22-423. <br /> <br /> (e) The results of such breath analysis shall not be <br />admitted into evidence in any prosecution under Section~ 22-421 <br />or 22-421.1, the purpose of this section being to permit a <br />preliminary analysis of the alcohol content of the blood of a <br />person suspected of having violated the provisions of Sections <br />22-421 or 22-421.1. <br /> <br /> (f) Police officers or members of any sheriff's <br />department shall, upon stopping any person suspected of having <br />violated the provisions of Sections 22-421 or 22-421.1, advise <br />such person of his rights under the provisions of this section. <br /> <br />Sec. 22-423. Chemical test to determine alcoholic or drug <br />content of blood. <br /> <br /> The provisions of Section 18.2-268.1 through 18.2-268.11 <br />of the Code of Virginia in effect on July 1, 1994, and all <br />subsequent amendments thereto, are hereby incorporated by <br />reference and adopted as a part of this section~ it being the <br />intent of this section that any amendment to the aforementioned <br />sections by the legislature of Virginia shall be deemed to be <br />incorporated herein upon the effective date of such <br />legislation. <br /> <br />Sec. 22-424. Presumptions from alcohol content of blood. <br /> <br /> (a) in any prosecution for a violation of subsection <br />(a) (2) of Section 22-421, the amount of alcohol in the blood of <br />the accused at the time of the alleged offense, as indicated by <br />a chemical analysis of a sample of the accused's blood or <br />breath to determine the alcohol content of his blood, shall <br />give rise to the following rebuttable presumptions: <br /> <br /> <br />