Carvin Calhoun v. Commonwealth of Virginia

OVERTON, Judge.

Carvin Calhoun, appellant, appeals his felony conviction of driving while intoxicated, third offense within ten years, in violation of Code §§ 18.2-266 and 18.2-270. The issue on appeal is whether the trial court erred by allowing the Commonwealth to cross-examine appellant about his refusal to take the required breath or blood test. Finding that evidence of appellant’s refusal to take the required test constituted improper rebuttal of appellant’s testimony, the judgment of the trial court is reversed.

FACTS

Appellant stopped at a sobriety checkpoint in Fairfax County. Officer…