CHAPTER 636

An Act to amend and reenact § 18.1-57, as amended, of the Code of Vir-
ginia, and to amend the Code of Virginia by adding a section numbered
18.1-56.1, the amended and new sections relating, respectively, to cer-
tain presumptions which may be drawn from the results of blood
alcohol tests in prosecutions under § 18.1-54 and to the definition,
prosecution and punishment of a new lesser included offense in such
prosecutions.

fS 195]

Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 18.1-57, as amended, of the Code of Virginia be amended and
reenacted, and that the Code be further amended by adding a section num-
bered 18.1-56.1, the amended and new sections being as follows:

§ 18.1-56.1. It shall be unlawful for any person to drive or operate
any automobile or other motor vehicle, car, truck, engine or train while
such person’s ability to drive or operate such vehicle is impaired by the
presence of alcohol in his blood. A person’s ability to drive or operate
such a vehicle shall be deemed to be impaired by the presence of alcohol
an his blood within the meaning of this section when such person has 80
indulged in alcoholic intoxicants as to lack the clearness of intellect and
control of himself which he would otherwise possess.

In every prosecution under § 18.1-54 of this Code or any similar
ordinance of any county, city or town the offense with which the accused
ts charged shall be deemed to include the offense punishable under this
section; and whenever in any such prosecution it appears that 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 in accordance with
the provisions of § 18.1-55.1 1s as much as 0.10 but less than 0.15 per cent
by weight it shall be presumed that the ability of the accused was impaired
within the meaning of this section. No person shall be arrested, prosecuted
or convicted for violation of this section except as a lesser included offense
of a prosecution for violation of § 18.1-54 or of any similar ordinance of
any county, city or town.

Every person violating the provisions of this section shall be guilty
of a misdemeanor and punished as provided in § 18.1-9 of this Code;
provided, that in addition to such punishment, upon every such first con-
viction the judge shall suspend the right of the accused to operate any mo-
tor vehicle upon the highways of this State for a period of six months,
and upon any second or subsequent such conviction, within a period of five
years such suspension shall be for a period of twelve months.
§ 18.1-57. In any prosecution for a violation of § 18.1-04, 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 in accordance with the provisions
of § 18.1-55.1, shall give rise to the following presumptions:

(1) If there was at that time 0.05 per cent or less by weignt 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 accused; provided, however, such facts shall not preclude prosecution
and conviction under § 18.1-56.1;

(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.