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Virginia Court Rules that Driver's Blood Test Was Not Admissible in DWI Trial
July 01, 2009
Topic: DWI & DUI
The Virginia Court of Appeals recently decided the case of Sprouse v. Commonwealth, which was an appeal of a conviction for felony DWI 3rd offense. The issue on appeal was whether the results of the blood test, taken after the accident, should have been admitted into evidence. The legal issue centered on Va. Code Section 18.2-268.2(A), which provides:
Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.
The problem, in this case, was that the driver was not arrested until AFTER his blood was taken. In reversing the felony DWI conviction, the court stated that, "In Virginia, a defendant's timely arrest for driving while intoxicated is a basic condition underlying the implied consent statute . . . [c]onsequently, the Supreme Court of Virginia has held that if the arrest requirements of implied consent are not satisfied, any certificate of analysis obtained pursuant to Code § 18.2-268.2 is inadmissible at trial." Obtain a copy of the court's opinion by clicking on the link at the bottom of this post.
For more information and to speak to a Fairfax Virginia DWI/DUI/Drunk Intoxicated Driving Attorney visit our main website. You can also contact Manikas Law LLC to speak with a Fairfax Virginia DWI/DUI/Drunk Intoxicated Driving Attorney by calling 703-873-7473 or 888-503-8075, or contact us by email by visiting the Contact Us page on this blog and submitting a confidential message. We offer a free, no obligation consultation by former prosecutor Kyle G. Manikas. We service Fairfax County/Tysons Corner, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), Arlington County, Alexandria, and other parts of Northern Virginia.
Attachments:
VACt.ofAppeals-Sprouse.pdf
