BREEDEN v. COM.

Record No. 0480-91-2.

421 S.E.2d 674 (1992)

Brenda BREEDEN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

September 29, 1992.


Attorney(s) appearing for the Case

W.W. Whitlock, Mineral, for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BAKER, BARROW and ELDER, JJ.


ELDER, Judge.

Brenda Breeden, appellant, appeals from her conviction of driving under the influence of alcohol in violation of Code § 18.2-266(ii). She contends that she should not have been convicted of the charge because the Commonwealth denied her the right to a blood test without showing that a blood test was unavailable. We find that her right to a blood test was denied when she was refused such a test without a showing that it was unavailable. As a result...

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