Records

The Breath Alcohol Section receives approximately 100 requests for records related to evidential breath alcohol testing per month.

Commonly requested records:

  • Subject test information
  • Electronic instrument certification and maintenance history
  • Trouble call log
  • Quality Assurance packet including Certificate of Instrument Accuracy, if applicable
  • Certificates of Analysis for NIST traceable reference standards used to certify Intox EC/IR II instruments (Click here)
  • Status verification of the Operator’s license

Electronic Records

The Department cannot authenticate electronic records, once printed, as being unaltered, complete, and/or accurate.  If authenticated records are required, or you cannot locate the desired record on the website, please submit a record request directly to the Breath Alcohol Section.  Please note that the Breath Test Worksheet and other notes generated by law enforcement are retained by law enforcement personnel involved with the subject test.

Requests for authenticated records may be made through the Freedom of Information Act (FOIA) as well as Subpoenas Duces Tecum.

FOIA requests from Attorneys

The attorney(s) representing the subject may request records under FOIA.  In order to serve you efficiently please send your request on letterhead directly to the Breath Alcohol section.   Facsimile requests are an acceptable method of delivery.  Please include the following information in your request:

  • Subject’s name
  • Offense date
  • Instrument serial number
  • Copy of the actual Certificate of Analysis

An example letter is provided here for your convenience.

FOIA requests from Subjects

Persons who have been the subject of a breath alcohol test in Virginia may request documents related to their test.  In order to serve you efficiently please send your request directly to the Breath Alcohol section.  Facsimile requests are an acceptable method of delivery.  Please include the following information with your request:

  • Your name
  • Offense date
  • Instrument serial number
  • Copy of the actual Certificate of Analysis
  • Court date
  • Proof of identification (e.g., copy of your driver’s license)

Addresses, phone and fax numbers:

Department of Forensic Science
Breath Alcohol Section
700 North 5th Street
Richmond, VA 23219

Phone: 804.786.6971
Fax: 804.786.6139

Email: BreathAlcohol.GeneralMB@dfs.virginia.gov