Mason v. Commonwealth

Opinion

BENTON, J.

Carroll Allen Mason was convicted of driving while under the influence of alcohol, in violation of Code § 18.2-266. Mason contends that the conviction must be reversed because he was denied his right to take a blood test to determine the alcohol content of his blood. We affirm the conviction.

At 12:01 a.m. on April 14, 1990, Mason was operating an automobile traveling westbound on Route 60 in Powhatan County. A state police officer observed Mason’s automobile weave in and out of its lane and run off the road at one point. The officer stopped the automobile and detected “a…