Virginia statute
Va. Code Ann. § 18.2-268.11 — Substantial compliance
Current through 2026 Regular Session
Part of Article 2: Driving Motor Vehicle, Etc., While Intoxicated, Code of Virginia.
Full text of Va. Code Ann. § 18.2-268.11
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
The steps set forth in §§ 18.2-268.2 through 18.2-268.9 relating to taking, handling, identifying, and disposing of blood or breath samples are procedural and not substantive. Substantial compliance shall be sufficient. Failure to comply with any steps or portions thereof shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered with all the evidence in the case; however, the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedures or any part thereof, and that as a result his rights were prejudiced.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.