When Has a Person Been Arrested Under the Implied Consent for a Blood Test Statute?
by Jack E. Call Professor of Criminal Justice Radford University E-mail: jcall@radford.edu [Note: Unless indicated otherwise, materials in quotation marks are quotes from the opinion of the court deciding the case under discussion. Also, unless indicated otherwise, a case discussed below was decided by the United States Supreme Court. Descriptions below of the facts of a case often quote verbatim (or at least draw heavily) from the opinions description of the facts or from the summary of the case provided by one of the legal reporters, such as Lexis-Nexis or www.findlaw.com] Bristol v. Commonwealth, 636 S.E.2d 460 (Virginia Supreme Court, 2006) Facts: On July 4, 2003, Bristol and his friends were drinking alcoholic beverages and playing pool at the Three Cheers Lounge. When Bristol left the lounge around 1:45 a.m., he agreed to give Debra Fly a ride on his motorcycle. Bristol drove his motorcycle around the lounge parking lot with Fly seated behind him as a passenger. Bristol’s vehicle
