19760406 1976-13ORDINANCE NO. 1976-13
AN ORDINANCE AMENDING CHAPTER 13
OF THE FAIRFAX CITY CODE
TO PROVIDE FOR A NEW SECTION 13-81.1
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Chapter 13 of the Code of the City of Fairfax be,
and the same hereby is, amended to provide for a new section
13-81.1 which will read in its entirety as follows:
"Sec. 13-81.1 Analysis of breath to determine alcoholic
content of blood."
"(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 any police officer
of the State or the city in the normal discharge 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 and shall advise the police department
of the same."
"(c) Any person who has been stopped by a police officer of
the State or the city 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 13-82."
1976-13 -2
"(e) The results of such breath analysis shall not be
admitted into evidence in any prosecution under section 13-81,
the purpose of 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 13-81."
"(f) Police officers shall, upon stopping any person
suspected 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: March 16~ 1976
Adopted: April 6~ 1976
Attest:
~ty/Clerk