Code of Virginia § 29.1-738.3. Presumptions from alcohol or drug content.
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/va/title-29-1/chapter-7/29-1-738-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any prosecution for operating a watercraft or motorboat that is underway in violation of clause (ii), (iii), or
(iv)of subsection B of § 29.1-738 , or of a similar ordinance of any county, city or town, the amount of alcohol or drugs 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 alcohol or drug content of his blood
(i)in accordance with the provisions of § 29.1-738.2 or
(ii)performed by the Department of Forensic Science in accordance with the provisions of §§ 18.2-268.5 , 18.2-268.6 , and 18.2-268.7 on the suspect's whole blood drawn pursuant to a search warrant shall give rise to the rebuttable presumptions of subdivisions A 1 through 4 of § 18.2-269 .
1989, c. 726; 1995, c. 130 ; 2005, c. 616 ; 2017, c. 623 .