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LAMAY v. COM.

Record No. 2965-97-4.

513 S.E.2d 411 (1999)

29 Va. App. 461

George LAMAY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

April 13, 1999.

Attorney(s) appearing for the Case

(Judy A. Dugger, on briefs), for appellant. Appellant submitting on briefs.

Richard Barton Campbell, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: ANNUNZIATA and LEMONS, JJ., and HODGES, Senior Judge.

HODGES, Senior Judge.

George Lamay (appellant) appeals his conviction for driving while intoxicated (DUI). He contends the trial court erred when it refused to allow testimony at his DUI trial relating to his alleged physical inability to take a breath test following his DUI arrest. Appellant argues that, under the DUI statutes, his inability to take a breath test required the Commonwealth to provide him a blood test; absent a blood alcohol test, appellant asserts...

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