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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA, 1973, AS AMENDED, BY AMENDING <br />SECTIONS 21-20, 21-21, 21-38 (a), 21-41, AND 21-83 (a) <br />THEREOF, PERTAINING TO MISCELLANEOUS OFFENSES AND <br />PROVISIONS. <br /> <br /> BE IT ORDAINED by the Council of the City of <br />Portsmouth, virginia: <br /> <br /> 1. That Sections 21-20, 21-21, 21-38 (a), <br />21-41, and 21-83 (a) of Chapter 21 of the Code of the <br />City of Portsmouth, Virginia, 1973, be amended and <br />reordained to read as follows: <br /> <br /> Section 21-20. Analysis of breath to determine <br /> alcoholic content of blood. <br /> <br /> (a) Any person who is suspected of a <br /> violation of Section 21-19 shall be entitled, if such <br /> equipment be available, to have his breath analyzed to <br /> determine the probable alcoholic content of his blood. <br /> Such person shall also be entitled, upon request, to <br /> observe the process of analysis and to see the blood <br /> alcohol reading on the equipment used to perform the <br /> breath test. such breath may be analyzed by any police <br /> officer of the state or city or by any member of the <br /> sheriff's department in the normal discharge of his <br /> duties. <br /> (b) The proper method and equipment to be <br /> used in analyzing breath samples taken pursuant to this <br /> section shall be as established by the Commonwealth of <br /> Virginia Department of General Services, Division of <br /> Consolidated Laboratory Services. <br /> <br /> (c) Any person who has been stopped by a <br /> police officer or by any member of the sheriff's <br /> department and is suspected by such officer to be guilty <br /> of a violation of Section 21-19, shall have the right to <br /> refuse to permit his ~reath to be so analyzed, and his <br /> failure to permit such analysis shall not be evidence in <br /> any prosecution under Section 21-19, provided, however, <br /> that nothing in this section shall be construed as <br /> limiting in any manner the provisions of Section 21-21. <br /> (d) Whenever the breath sample so taken and <br /> analyzed indicates that there is alcohol present in the <br /> blood of the person from whom the breath was taken, the <br /> officer may charge such person for the violation of <br /> Section 21-19. Any person so charged shall then be <br /> subject to the provisions of Section 21-21. <br /> <br /> <br />