18.2-268.10 - Evidence of violation of driving under the influence offenses. - Virginia Statutes

§ 18.2-268.10. Evidence of violation of driving under the influence offenses.

A. In any trial for a violation of § 18.2-266, 18.2-266.1, or subsection B of§ 18.2-272 or a similar ordinance, the admission of the blood or breath testresults shall not limit the introduction of any other relevant evidencebearing upon any question at issue before the court, and the court shall,regardless of the result of any blood or breath tests, consider otherrelevant admissible evidence of the condition of the accused. If the testresults indicate the presence of any drug other than alcohol, the testresults shall be admissible, except in a prosecution under clause (v) of §18.2-266, only if other competent evidence has been presented to relate thepresence of the drug or drugs to the impairment of the accused's ability todrive or operate any motor vehicle, engine or train safely.

B. The failure of an accused to permit a blood or breath sample to be takento determine the alcohol or drug content of his blood is not evidence andshall not be subject to comment by the Commonwealth at the trial of the case,except in rebuttal or pursuant to subsection C; nor shall the fact that ablood or breath test had been offered the accused be evidence or the subjectof comment by the Commonwealth, except in rebuttal or pursuant to subsectionC.

C. Evidence of a finding against the defendant under § 18.2-268.3 for hisunreasonable refusal to permit a blood or breath sample to be taken todetermine the alcohol or drug content of his blood shall be admissible intoevidence, upon the motion of the Commonwealth or the defendant, for the solepurpose of explaining the absence at trial of a chemical test of such sample.When admitted pursuant to this subsection such evidence shall not beconsidered evidence of the accused's guilt.

D. The court or jury trying the case involving a violation of clause (ii),(iii) or (iv) of § 18.2-266 or § 18.2-266.1, or a similar ordinance shalldetermine the innocence or guilt of the defendant from all the evidenceconcerning his condition at the time of the alleged offense.

(1992, c. 830; 1994, cc. 359, 363; 2001, c. 654; 2004, c. 1013; 2005, cc.616, 757, 840.)