                                 CODE OF VIRGINIA

EVIDENCE OF VIOLATION OF DRIVING UNDER THE INFLUENCE OFFENSES (§ 18.2-268.10)

A. In any trial for a violation of &#xA7; 18.2-266, 18.2-266.1, or subsection B
of &#xA7; 18.2-272 or a similar ordinance, the admission of the blood or breath
test results shall not limit the introduction of any other relevant evidence
bearing upon any question at issue before the court, and the court shall,
regardless of the result of any blood or breath tests, consider other relevant
admissible evidence of the condition of the accused. If the test results
indicate the presence of any drug other than alcohol, the test results shall be
admissible, except in a prosecution under clause (v) of &#xA7; 18.2-266, only if
other competent evidence has been presented to relate the presence of the drug
or drugs to the impairment of the accused&#8217;s ability to drive or operate
any motor vehicle, engine or train safely.

B. The failure of an accused to permit a blood or breath sample to be taken to
determine the alcohol or drug content of his blood is not evidence and shall 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 a blood or breath
test had been offered the accused be evidence or the subject of comment by the
Commonwealth, except in rebuttal or pursuant to subsection C.

C. Evidence of a finding against the defendant under &#xA7; 18.2-268.3 for his
unreasonable refusal to permit a blood or breath sample to be taken to determine
the alcohol or drug content of his blood shall be admissible into evidence, upon
the motion of the Commonwealth or the defendant, for the sole purpose of
explaining the absence at trial of a chemical test of such sample. When admitted
pursuant to this subsection such evidence shall not be considered evidence of
the accused&#8217;s guilt.

D. The court or jury trying the case involving a violation of clause (ii), (iii)
or (iv) of &#xA7; 18.2-266 or &#xA7; 18.2-266.1, or a similar ordinance shall
determine the innocence or guilt of the defendant from all the evidence
concerning his condition at the time of the alleged offense.

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