Jacob Lynn Patterson v. Commonwealth of Virginia
62 Va. App. 488
| Va. Ct. App. | 2013Background
- Patterson was convicted of DUI, first offense, under Code § 18.2-266.
- Officer Hesson observed very erratic driving and potential impairment; no odor of alcohol detected.
- Appellant refused field sobriety tests; arrested for DUI; arrest report stated “DUI – Drugs.”
- At the police station Patterson was unsteady; blood test offered and taken after he consented; BAC was 0.16% and tested only for alcohol.
- The blood-test certificate bears a “Certificate Of Blood Withdrawal For Alcohol/Drug Determination,” but no drugs were tested.
- The defense moved to exclude the blood test as improper under Code § 18.2-268.2; the trial court admitted the results, and Patterson was convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether blood test results were admissible under implied consent. | Patterson argued § 18.2-268.2(B) governs and requires breath test. | Commonwealth contends the first sentence of § 18.2-268.2(C) applies to drug-related DUI. | Blood test admissible under § 18.2-268.2(C) (drug-related DUI). |
| Whether officer was required to offer a breath test before a blood test. | Breath test should precede blood test under implied consent. | Statute allows blood test when breath test unavailable or not applicable for drug-related DUI. | Not required to offer breath test; blood test permissible under statute. |
| Whether the officer’s arrest for a drug-related DUI fits § 18.2-268.2(C) first sentence. | Arrest was for drugs, not alcohol, thus B does not apply. | Record shows officer arrested for DUI – Drugs; C applies. | First sentence of § 18.2-268.2(C) applies; blood test appropriate. |
Key Cases Cited
- Cash v. Commonwealth, 251 Va. 46 (1996) (implied-consent principles for testing)
- Brown-Fitzgerald v. Commonwealth, 51 Va. App. 232 (2008) (plain-language interpretation of implied-consent statute)
- Lamay v. Commonwealth, 29 Va. App. 461 (1999) (blood test relates to drug-related DUI offenses)
- Taylor v. Commonwealth, 12 Va. App. 419 (1991) (breath test measures alcohol, not drugs)
- Wood v. Commonwealth, 57 Va. App. 286 (2010) (trial-court discretion in admitting evidence; standard of review)