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ACROSS SESSIONS

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1994 SESSION

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LD0885722
SENATE BILL NO. 177 Offered January 20, 1994 A BILL to amend and reenact § 18.2-269 of the Code of Virginia, relating to presumptions from alcohol content of blood. ----------
Patrons--Norment, Holland, C.A., Holland, E.M., Maxwell, Quayle, Reasor, Russell, Stolle, Stosch and Waddell; Delegates: Crouch, Forbes, Hamilton, Kilgore, McDonnell, Nelms and Parrish
---------- Referred to the Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-269 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-269. Presumptions from alcohol content of blood.

A. In any prosecution for a violation of § 18.2-36.1 or § 18.2-266 (ii), or any similar ordinance, the amount of alcohol in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcoholic alcohol content of his blood in accordance with the provisions of §§ 18.2-268.1 through 18.2-268.12 shall give rise to the following rebuttable presumptions:

(1) If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused's blood, it shall be presumed that the accused was not under the influence of alcoholic alcohol intoxicants;

(2) If there was at that time in excess of 0.05 percent but less than 0.10 0.08 percent by weight by volume of alcohol in the accused's blood, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcoholic alcohol intoxicants, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused; or

(3) If there was at that time 0.10 0.08 percent or more by weight by volume of alcohol in the accused's blood, it shall be presumed that the accused was under the influence of alcoholic alcohol intoxicants.

B. The provisions of this section shall not apply to and shall not affect any prosecution for a violation of § 46.2-341.24.