Smith v. Commonwealth

ELDER, Judge.

Patricia A. Smith (appellant) appeals from her bench trial conviction for driving while intoxicated in violation of Code § 18.2-266, her third such offense within five years. On appeal, she contends the trial court erred in admitting evidence of her blood alcohol concentration because her arrest was invalid and, therefore, did not support the taking of the sample under Virginia’s implied consent law. We hold that appellant’s arrest was valid because it occurred at the scene of the accident within the meaning of Code § 19.2-81, and we affirm her conviction.

I

FACTS

On appeal of a…