Virginia § 29.1-738.3 - Presumptions from alcohol or drug content

Full text of Virginia Code of Virginia § 29.1-738.3 — Presumptions from alcohol or drug content, with citation guidance and answers to common questions.

§ 29.1-738.3. Presumptions from alcohol or drug content

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.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 29.1-738.3

What does Code of Virginia § 29.1-738.3 cover?

Section 29.1-738.3 ("Presumptions from alcohol or drug content") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 29.1-738.3?

A common citation format is "Code of Virginia § 29.1-738.3" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 29.1-738.3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.