Driver v. Commonwealth

Opinion

BARROW, J.

— This is an appeal of a conviction of unreasonably refusing to take a blood or breath test as required by Code § 18.2-268. Because the record does not reflect why a blood test was unavailable, we reverse and dismiss the defendant’s conviction. ,

The defendant was found by a Smithfield police officer in the early morning at the location of a single vehicle accident. He charged the defendant at the scene with driving under the influence and reckless driving. The driving under the influence charge was dismissed by the general district court, and the circuit court found him not…