Young v. Commonwealth

I respectfully dissent from the majority’s holding that Young was under arrest prior to the application of the implied consent law, and thus would hold that the circuit court erred in admitting the evidence of the certificate of Young’s blood alcohol analysis.

“We review de novo the issue of law whether the undisputed facts before us establish that the officers effected an arrest of [appellant].” Bristol v. Commonwealth, 272 Va. 568, 573, 636 S.E.2d 460, 463 (2006) (citations omitted). Virginia’s implied consent statute, Code § 18.2-268.2, provides in pertinent part that,

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