Virginia Senate Bill SB642

Virginia 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Report Pass: 2/9/22
• Engrossed: 2/11/22
• Refer: 2/22/22

Caption

Analysis of breath to determine alcoholic content of blood; failure to advise person of rights.

Impact

The passage of SB642 would significantly alter the state's approach to handling suspected driving under the influence (DUI) cases. By ensuring individuals are informed of their rights, the bill aims to foster fairness in legal proceedings related to alcohol offenses. Additionally, it protects individuals from being penalized for non-compliance with breath tests, thereby reinforcing their rights. This change may lead to a re-evaluation of how law enforcement agencies conduct sobriety checks and handle the evidence obtained from these tests.

Summary

SB642 seeks to amend §18.2-267 of the Code of Virginia regarding the preliminary analysis of breath to determine a person's blood alcohol content. The bill grants individuals suspected of certain driving offenses the right to request a breath analysis, provided the necessary equipment is available. Furthermore, the bill stipulates that individuals must be properly advised of their rights before undergoing a breath analysis, ensuring transparency in the process. The results from these analyses cannot be used as evidence in any prosecution for offenses listed within the parameters of the bill, and any failure to inform individuals about their rights may result in the inadmissibility of breath sample results.

Sentiment

The sentiment around SB642 appears to reflect a proactive effort to balance law enforcement practices with the rights of individuals. Supporters of the bill likely view it as a necessary reform to enhance civil liberties and increase transparency in police procedures. However, there may also be concerns regarding the implementation of these rights, specifically about the training and practices of law enforcement officials when advising individuals about their rights during DUI stops. Overall, the bill seems to engender a conversation about the intersection of public safety and individual rights.

Contention

Notable points of contention include the implications of ensuring individuals are adequately informed of their rights and the potential complications this might introduce in DUI prosecutions. Some may argue that this could hinder law enforcement's ability to effectively enforce DUI laws, while others contend that it is a crucial safeguard against potential abuses by law enforcement. Discussions around SB642 highlight the ongoing tension between upholding public safety through DUI enforcement and maintaining individual rights against governmental overreach.