Bill Text: VA HB220 | 2014 | Regular Session | Prefiled
Bill Title: Driving while intoxicated; refusal of blood or breath tests.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-12 - Left in Courts of Justice [HB220 Detail]
Download: Virginia-2014-HB220-Prefiled.html
14101601D Be it enacted by the General Assembly of Virginia: 1. That §18.2-268.3 of the Code of Virginia is amended and reenacted as follows: §18.2-268.3. Refusal of tests; penalties; procedures. A. It shall be unlawful for a person who is arrested for a violation of §18.2-266, 18.2-266.1, or subsection B of §18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by §18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section. B. When a person is arrested for a violation of §18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of §18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by §18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of §8.01-388. After advising the person arrested, from the form, of the consequences of refusing to permit blood or breath or both blood and breath samples to be taken for testing, the arresting officer shall give the person arrested another opportunity to permit blood or breath or both blood and breath samples to be taken for testing. C. D. A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant's privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2. If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of §18.2-266, or a violation of any offense listed in subsection E of §18.2-270, arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant's privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under §46.2-391.2. If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of §18.2-266, or a violation of any offense listed in subsection E of §18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant's privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under §46.2-391.2. |