Bill Text: VA HB1102 | 2024 | Regular Session | Prefiled
Bill Title: Marijuana; presumption, driving or operating a motor vehicle, etc., while intoxicated, penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-02-13 - Left in Courts of Justice [HB1102 Detail]
Download: Virginia-2024-HB1102-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-266, 18.2-269, 29.1-738, 46.2-341.24, and 46.2-341.27 of the Code of Virginia are amended and reenacted as follows:
§18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
It shall be unlawful for any person to drive or operate any
motor vehicle, engine, or
train (i) while such person has a blood alcohol concentration of 0.08 percent
or more by weight by volume or 0.08 grams or more per 210 liters of breath as
indicated by a chemical test administered as provided in this article,;
(ii) while such person is under the influence of alcohol,; (iii) while such person is
under the influence of any narcotic drug or any other self-administered
intoxicant or drug of whatsoever nature, or any combination of such drugs, to a
degree which impairs his ability to drive or operate any motor vehicle, engine, or train safely,;
(iv) while such person is under the combined influence of alcohol and any drug
or drugs to a degree which impairs his ability to drive or operate any motor
vehicle, engine, or
train safely,; or (v) while such person has
a blood concentration of any of the following substances at a level that is
equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood,
(b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams
of phencyclidine per liter of blood, or
(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, or (e) 0.003 milligrams of
delta-9-tetrahydrocannabinol per liter of blood. A charge
alleging a violation of this section shall support a conviction under clauses
(i), (ii), (iii), (iv), or (v).
For the purposes of this article, the term "motor
vehicle" includes mopeds, while operated on the public highways of this the
Commonwealth.
§18.2-269. Presumptions from alcohol or drug content of blood.
A. In any prosecution for a violation of §18.2-36.1 or clause (ii), (iii), or (iv) of §18.2-266 or any similar ordinance, 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 §§18.2-268.1 through 18.2-268.12 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 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 or 0.05 grams or less per 210 liters of the accused's breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense;
2. If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused's blood or 0.05 grams but less than 0.08 grams per 210 liters of the accused's breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused;
3. If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused's blood or 0.08 grams or more per 210 liters of the accused's breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or
4. If there was at that time an amount of the following
substances at a level that is equal to or greater than: (i) 0.02 milligrams of
cocaine per liter of blood, (ii) 0.1 milligrams of methamphetamine per liter of
blood, (iii) 0.01 milligrams of phencyclidine per liter of blood, or (iv) 0.1 milligrams of
3,4-methylenedioxymethamphetamine per liter of blood, or
(v) 0.003 milligrams of
delta-9-tetrahydrocannabinol per liter of blood, it shall
be presumed that the accused was under the influence of drugs at the time of
the alleged offense to a degree which impairs his ability to drive or operate
any motor vehicle, engine, or
train safely.
B. The provisions of this section shall not apply to and shall not affect any prosecution for a violation of §46.2-341.24.
§29.1-738. Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc.
A. No person shall operate any motorboat or vessel, or manipulate any skis, surfboard, or similar device, or engage in any spearfishing while skin diving or scuba diving in a reckless manner so as to endanger the life, limb, or property of any person.
B. No person shall operate any watercraft, as defined in §
29.1-733.2, or motorboat which is underway (i) while such person has a blood
alcohol concentration at or greater than the blood alcohol concentration at
which it is unlawful to drive or operate a motor vehicle as provided in §
18.2-266 as indicated by a chemical test administered in accordance with §
29.1-738.2, (ii) while such person is under the influence of alcohol, (iii)
while such person is under the influence of any narcotic drug or any other
self-administered intoxicant or drug of whatsoever nature, or any combination
of such drugs, to a degree which impairs his ability to operate the watercraft
or motorboat safely, (iv) while such person is under the combined influence of
alcohol and any drug or drugs to a degree which impairs his ability to operate
the watercraft or motorboat safely, or (v) while such person has a blood
concentration of any of the following substances at a level that is equal to or
greater than (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1
milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of
phencyclidine per liter of blood, or
(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, or (e) 0.003
milligrams of delta-9-tetrahydrocannabinol per liter of blood.
C. For purposes of this article, the word "operate" includes being in actual physical control of a watercraft or motorboat and "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.
§46.2-341.24. Driving a commercial motor vehicle while intoxicated, etc.
A. It shall be unlawful for any person to drive or operate any
commercial motor vehicle (i) while such person has a blood alcohol
concentration of 0.08 percent or more by weight by volume or 0.08 grams per 210
liters of breath as indicated by a chemical test administered as provided in
this article; (ii) while such person is under the influence of alcohol; (iii) while
such person is under the influence of any narcotic drug or any other
self-administered intoxicant or drug of whatsoever nature, or any combination
of such drugs, to a degree which impairs his ability to drive or operate any
commercial motor vehicle safely; (iv) while such person is under the combined
influence of alcohol and any drug or drugs to a degree which impairs his
ability to drive or operate any commercial motor vehicle safely; or (v) while
such person has a blood concentration of any of the following substances at a
level that is equal to or greater than: (a) 0.02 milligrams of cocaine per
liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c)
0.01 milligrams of phencyclidine per liter of blood, or
(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, or (e) 0.003 milligrams of
delta-9-tetrahydrocannabinol per liter of blood.
B. It shall be unlawful and a lesser included offense of an offense under provision (i), (ii), or (iv) of subsection A of this section for a person to drive or operate a commercial motor vehicle while such person has a blood alcohol concentration of 0.04 percent or more by weight by volume or 0.04 grams or more per 210 liters of breath as indicated by a chemical test administered in accordance with the provisions of this article.
§46.2-341.27. Presumptions from alcohol and drug content of blood.
In any prosecution for a violation of clause (ii), (iii), or (iv) of subsection A of §46.2-341.24, 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 suspect's blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of §§ 46.2-341.26:1 through 46.2-341.26:11 or (ii) performed by the Department of Forensic Science in accordance with the provisions of §§46.2-341.26:5, 46.2-341.26:6, and 46.2-341.26:7 on the suspect's whole blood drawn pursuant to a search warrant shall give rise to the following rebuttable presumptions:
A. If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused's blood or 0.08 grams or more per 210 liters of the accused's breath, it shall be presumed that the accused was under the influence of alcoholic intoxicants.
B. If there was at that time less than 0.08 percent by weight by volume of alcohol in the accused's blood or 0.08 grams or more per 210 liters of the accused's breath, such fact shall not give rise to any presumption that the accused was or was not under the influence of alcoholic intoxicants, but such fact may be considered with other competent evidence in determining the guilt or innocence of the accused.
C. If there was at that time an amount of the following substances
at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per
liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c)
0.01 milligrams of phencyclidine per liter of blood, or
(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, or (e) 0.003 milligrams of
delta-9-tetrahydrocannabinol per liter of blood, it shall
be presumed that the accused was under the influence of drugs to a degree which
impairs his ability to drive or operate any commercial motor vehicle safely.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1 of the Acts of Assembly of 2023, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
