Rasmussen v. Commonwealth
In Rasmussen v. Commonwealth, 31 Va. App. 233, 522 S.E.2d 401 (1999), the Court addressed Rasmussen's contention "that the result of a breathalyzer test administered to him following his arrest was improperly admitted at trial." 31 Va. App. at 235-236, 522 S.E.2d at 402.
Relying on Code 18.2-268.2(B) and 18.2-268.9, Rasmussen made the same argument as appellant; he contended he was denied his right to obtain and observe the results "for each and every breath sample taken." 31 Va. App. at 237-238, 522 S.E.2d at 403.
The Court held that "nothing in the DUI statutes indicates an intention to give an accused the right to immediately view results of a breath test other than those actually printed out by the equipment used to conduct the test." Id. at 239, 522 S.E.2d at 404.
The Court concluded that Code 18.2-268.2(B) "clearly limits an arrestee's right to 'seeing the blood alcohol reading printed on the equipment used to perform the test.'" Id.
Thus, where an accused is "afforded the opportunity to view the print-out of the blood-alcohol reading taken by the breathalyzer machine, the requirements of Code. 18.2-268.2 and 18.2-268.9 are met." Id. at 240, 522 S.E.2d at 404.