Artis v. City of Suffolk

Opinion

KOONTZ, J.

Willie Lee Artis appeals his conviction for driving while intoxicated on the ground that the arresting officer failed to comply with the requirement of Code § 18.2-268.6 that following the taking of a blood sample an accused be given an independent analysis designation form and list of approved laboratories. We hold that the officer’s action of showing the independent analysis designation form to Artis and then returning the form to the arrest file was insufficient to comply substantially with the requirements of the statute. Accordingly, we reverse Artis’s conviction.

The…