Beverly Dandridge Sprouse v. Commonwealth of Virginia

HUMPHREYS, Judge.

Beverly Dandridge Sprouse (“Sprouse”) appeals his conviction for driving under the influence, his third within ten years, in violation of Code § 18.2-266. On appeal, Sprouse contends that, because he was not arrested within three hours of the offense, the certificate of analysis used to convict him was not admissible pursuant to Virginia’s implied consent law. Sprouse further contends that, absent the certificate of analysis, the evidence is insufficient to prove that he drove under the influence of alcohol. For the reasons that follow, we agree with Sprouse’s first…