CHAPTER 557

AN ACT to amend and reenact § 18-75.1 of the Code of Virginia, relating
to the determination of alcohol in blood by chemical analyses, and to
amend the Code of Virginia by adding two new sections numbered
18-75.2 and 18-75.8, to provide for the admissibility in evidence of
the results of such determination, and to provide certain presumptions
and definitions.

fH 14]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 18-75.1 of the Code of Virginia be amended and reenacted,
and that the Code of Virginia be amended by adding thereto two new
sections numbered 18-75.2 and 18-75.3, the amended and new sections
being as follows:

§ 18-75.1. In any criminal prosecution under § 18-75, or similar
ordinance of any county, city or town, no person shall be required to submit
to a determination of the amount of alcohol in his blood at the time of the
alleged offense as shown by a chemical analysis of his blood, breath, or
other bodily substance; however, any person arrested for a violation of
§ 18-75 or similar ordinance of any county, city or town shall be entitled
to a determination of the amount of alcohol in his blood at the time of the
alleged offense as shown by a chemical analysis of his blood or breath,
provided the request for such determination is made within two hours of
his arrest. Any such person shall, at the time of his arrest, be informed
by the arresting authorities of his right to such determination, and if he
makes such request, the arresting authorities shall render full assistance
in obtaining such determination with reasonable promptness.

Only a physician, nurse or laboratory technician, shall withdraw blood
for the purpose of determining the alcoholic content therein. The blood
sample shall be placed in a sealed container provided by the Chief Medical
Examiner. Upon completion of taking of the sample, the container must
be resealed in the presence of the accused after calling the fact to his
attention. The container shall be especially equipped with a sealing device,
sealed so as not to allow tampering, labelled and identified showing the
person making the test, the name of the accused, the date and time of
taking. The sample shall be delivered to the police officer for transporting
or mailing to the Chief Medical Examiner. Upon receipt of the blood
sample, the office of the Chief Medical Examiner shall examine it for
alcoholic content. That office shall execute a certificate which certificate
shall indicate the name of the accused, the date, time and by whom the
same was received and examined, and a statement that the container seal
had not been broken or otherwise tampered with and a statement of the
alcoholic content of the sample. The certificate, attached to the container
shall be returned to either the police officer making the arrest, the depart-
aed ai sgruch it oat’ or to the clerk of the court in which the matter
will be hear
CHS. 557, 558] ACTS OF ASSEMBLY 913

Upon the request of the person who was given a chemical test of blood
or breath, the results of such test shall be made available to him.

An amount not to exceed five dollars to cover the costs of taking blood
and making an analysis thereof shall be taxed as part of the costs of the
case

Other than as expressly provided herein, the provisions of this sec-
tion shall not otherwise limit the introduction of any competent evidence
bearing upon any question at issue before the court. The failure of the
accused to request such a determination is not evidence and shall not be
subject to comment in the trial of the case.

§ 18-75.2. When any blood sample taken in accordance with the
provisions of § 18-75.1 be forwarded for analysis to the Office of the Chief
Medical Examiner, a report of the results of such analysis shall be made
and filed in that office. Upon proper identification of such vial, tube or
container, the copy of such certificate as provided for in § 18-75.1 shall,
when duly attested by the Chief Medical Examiner, be admissible in any
court or proceeding as evidence of the facts therein stated and the results
of the analysis of the blood of the accused.

§ 18-75.8. In any prosecution for a violation of § 18-75, or any
similar ordinance of any county, city or town, the amount of alcohol in
the blood of the accused at the time of the alleged offense as indicated by a
chemical analysis of the accused’s blood or breath in accordance with the
provisions of § 18-75.1, shall give rise to the following presumptions:

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

(2) If there was at that time in excess of 0.05 per cent but less than
0.15 per cent by weight 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 intoxicants, but such facts may be considered with
other competent evidence in determining the guilt or innocence of the

ed; ;

(3) If there was at that time 0.15 per cent or more by weight of
alcohol in the accused’s blood, it shall be presumed that the accused was
under the influence of alcoholic intoxicants.