Pearson v. Commonwealth

JEAN HARRISON CLEMENTS, Judge.

Donald E. Pearson was convicted in a bench trial of driving under the influence of alcohol, second offense, in violation of Code § 18.2-266. On appeal, he contends the trial court erred in admitting a certificate of blood analysis because, in having him take a blood test rather than a breath test, the arresting officer failed to comply with Virginia’s implied consent law. Finding no error, we affirm Pearson’s conviction.

I. BACKGROUND

In accordance with familiar principles of appellate review, we “state the evidence presented at trial in the light most favorable to…