VA Code 18.2-268.9 Interpretation
In Reynolds v. Commonwealth, 30 Va. App. 153, 515 S.E.2d 808 (1999), the Court ruled as follows:
We hold that Code 18.2-268.9 requires forty hours of training on "breath test equipment" in general and does not mandate the instruction on a particular make or model.
The language of the statute refers to forty hours of instruction on "the breath test equipment and the administration of such tests." Code 18.2-268.9.
Contrary to appellant's interpretation, the statute does not limit the training program to a particular machine; rather, it requires training on "breath test equipment" and the procedures involving the breath tests.
If the legislature had intended that operators undergo a forty-hour training program for each individual type of breath test equipment, then it would have said so in the statute. 30 Va. App. at 160, 515 S.E.2d at 811.