Oliver v. Commonwealth

*22BUMGARDNER, Judge.

Herbert Eugene Oliver appeals his conviction after a bench trial for driving under the influence of alcohol, in violation of Code § 18.2-266. We affirm the judgment of the trial court.

Officer Brian Layton responded to a hit-and-run complaint and found the defendant in the driver’s seat. He was “passed out,” and the engine was still running. The officer observed two empty Jack Daniels bottles, and the defendant admitted to drinking that brand before falling asleep again.

The officer took the defendant to a police car and began to advise him of the implied consent law, but the…