Virginia regulations · Through 2026 Regular Session (effective July 1, 2026)

6VAC40-20-130: Certificates

The department shall issue, terminate and revoke instructor certificates for individuals to teach breath alcohol testing on the basis of the following standards:

1. The instructor certificate shall be granted only to individuals who (i) demonstrate the ability to teach the breath test method or methods approved by the department, (ii) possess a valid breath test license, and (iii) satisfactorily complete a course for Breath Alcohol Instructors. The department may issue instructor certificates to persons who have acquired the  knowledge, skills and abilities by past experience or formal education. DFS has the authority to deny issuance of a certificate upon good cause shown.

2. Instructor certificates shall be limited in scope to the  breath test devices for which the individual has demonstrated competence.

3. The department may at any time examine instructors to determine continuing ability.

4. Instructor certificates  may be terminated or revoked by the department  upon good cause shown.

Where this section sits in the code

Title 6. Criminal Justice And Corrections
Agency 40. Department of Forensic Science
Chapter 20. Regulations for Breath Alcohol Testing
Part II. Breath Tests Under §§ 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia
Article 4. Licensing Procedures

The department shall issue, terminate and revoke instructor certificates for individuals to teach breath alcohol testing on the basis of the following standards:

1. The instructor certificate shall be granted only to individuals who (i) demonstrate the ability to teach the breath test method or methods approved by the department, (ii) possess a valid breath test license, and (iii) satisfactorily complete a course for Breath Alcohol Instructors. The department may issue instructor certificates to persons who have acquired the knowledge, skills and abilities by past experience or formal education. DFS has the authority to deny issuance of a certificate upon good cause shown.

2. Instructor certificates shall be limited in scope to the breath test devices for which the individual has demonstrated competence.

3. The department may at any time examine instructors to determine continuing ability.

4. Instructor certificates may be terminated or revoked by the department upon good cause shown.

Collected 2026-09-14T04:47:20Z. Source file · JSON

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