Agencies | Governor
Virginia Regulatory Town Hall
Department of Forensic Science
Forensic Science Board
Regulations for the Approval of Field Tests for Detection of Drugs [6 VAC 40 ‑ 30]
This action is exempt from the executive branch review process.
Regulations for Breath Alcohol Testing
[Withdrawn 5/22/2006]
General Information
Action Summary The Code of Virginia directs the Department of Forensic Science to establish a training program, approve equipment, and establish methods to conduct chemical analysis of a person’s breath, either to obtain a preliminary analysis of alcoholic content for the purposes of §§ 18.2-267, 29.1-738.1, and 46.2-341.25 or pursuant to §§ 18.2-268.9. 29.1-738.2 and 46.2-341.26:9, to obtain an analysis that can be considered valid as evidence in a prosecution under §§ 18.2-266, 18.2-266.1, 29.1-738 or 46.2-341.24. These regulations describe the process for approval of breath test devices, general methods of conducting breath tests, training and licensing procedures for operators, required forms and records, and the use of preliminary breath test devices. In accordance with changes to the Code of Virginia, effective July 1, 2005, the Division of Forensic Science, which had formerly existed as a Division within the Department of Criminal Justices Services, became the Department of Forensic Science. The amendments to the regulations reflect the agency’s new status as a Department in two ways. First, the amendments change the citation for these regulations from 6 VAC 20-190-10 et seq. to 6 VAC 40-20-10 et seq. to reflect the new agency number assigned to the Department of Forensic Science by the Virginia Registrar of Regulations. Second, the amendments change any reference in the regulations to the agency from the “Division” of Forensic Science to the “Department” of Forensic Science.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article 2 of the Administrative Process Act.
Exempt Citation: 9.1-1110
RIS Project No project yet assigned to this action
New Periodic Review This action will not be used to conduct a new periodic review.
There are currently no stages to display

Contact Information
Name / Title: Amy Jenkins  / Department Counsel
Address: 700 North 5th Street
Richmond, VA 23219
Email Address:
Phone: (804)786-6848    FAX: (804)786-6857    TDD: ()-

This person is the primary contact for this agency.