19721017 1972-24ORDINANCE NO. 1972-24
AN ORDINANCE AMENDING CHAPTER 13 OF
THE CODE OF THE CITY OF FAIRFAX BY ADDING A
NEW SECTION 13-81.1 ENTITLED
"SAME -- ANALYSIS OF BREATH TO DETERMINE
ALCOHOLIC CONTENT OF BLOOD"
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia that Chapter 13 of the Code of the City of Fairfax hereby
is amended by adding thereto a new Section 13-81.1 to read in its
entirety as follows:
Sec. 13-81.1.
Same -- analysis of breath to determine
alcoholic content of blood.7a
(a) Any person who is suspected of a violation of section 13-81
shall be entitled, if such equipment be available, to have his breath
analyzed to determine the probable alcoholic content of his blood.
Such breath may be analyzed by anypolice officer in the normal dis-
charge of his duties.
(b) The State Board of Health shall determine the proper
method and equipment to be used in analyzing breath samples taken
pursuant to this section.
(c) Any person who has been stopped by a police officer and
is suspected by such officer to be guilty of a violation of section 13-81
shall have the right to refuse to permit his breath to be so analyzed,
and his failure to permit such analysis shall not be evidence in any
prosecution under section 13-81, provided, however, that nothing in
this section shall be construed as limiting in any manner the provisions
of section 13-82.
(d) Whenever the breath sample so taken and analyzed indicates
that there is alcohol present in the blood of the person from whom the
breath was taken, the officer may charge such person for the violation
of section 13-81. Any person so charged shall then be subject to the
provisions of section 13-81.
(e) The results of such breath analysis shall not be admitted
into evidence in any prosecution under section 13-81, the purpose of
7a. For similar state law, see Code of Virginia Section 18.1-54.1.
1972-24
this section being to permit a preliminary analysis of the alcoholic
content of the blood of a person suspected of having violated the
provisions of section 13-81.
(f) Police officers shall, upon stopping any person sus-
pected of having violated the provisions of section 13-81, advise
such person of his rights under the provisions of this section.
This ordinance shall take effect immediately upon its passage.
Introduced: October 10, 1972.
Passed: October 17, 1972.
Mayor
Attest:
Ci~ Clerk
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