Ingram v. Commonwealth

ELDER, Judge.

Bradford Ramey Ingram (appellant) appeals from his bench trial conviction for driving under the influence (DUI), second offense, pursuant to Code § 18.2-266. On appeal, he contends the administrative suspension of his license pursuant to Code § 46.2-391.2 was invalid because he did not refuse to take the breath test but rather was prevented from doing so by his asthma. As a consequence, he contends that the suspension was punitive and that his subsequent DUI conviction violated the Double Jeopardy Clause. For the reasons that follow, we affirm appellant’s conviction.

I

FACTS

Appellan…