A. In any trial for a violation of § 46.2-341.24, admission of the blood orbreath test results shall not limit the introduction of any other relevantevidence bearing upon any question at issue before the court, and the courtshall, regardless of the results of the blood or breath tests, consider otherrelevant admissible evidence of the condition of the accused. If the testresults indicate the presence of any drugs other than alcohol, the testresults shall be admissible except in a prosecution under clause (v) ofsubsection A of § 46.2-341.24, only if other competent evidence has beenpresented to relate the presence of the drug or drugs to the impairment ofthe accused's ability to drive or operate any commercial motor vehicle safely.
B. The failure of an accused to permit a blood or breath sample to be takento determine the alcohol or drug content of his blood is not evidence andshall not be subject to any comment by the Commonwealth at the trial of thecase, except in rebuttal or pursuant to subsection C; nor shall the fact thata blood or breath test had been offered the accused be evidence or thesubject of comment by the Commonwealth, except in rebuttal or pursuant tosubsection C.
C. Evidence of a finding against the defendant under § 18.2-268.3 for hisunreasonable refusal to permit a blood or breath sample to be taken todetermine the alcohol or drug content of his blood shall be admissible intoevidence, upon the motion of the Commonwealth or the defendant, for the solepurpose of explaining the absence at trial of a chemical test of such sample.When admitted pursuant to this subsection such evidence shall not beconsidered evidence of the accused's guilt.
D. The court or jury trying the case involving a violation of clause (ii),(iii) or (iv) of subsection A of § 46.2-341.24 shall determine the innocenceor guilt of the defendant from all the evidence concerning his condition atthe time of the alleged offense.
A. In any trial for a violation of § 46.2-341.24, admission of the blood orbreath test results shall not limit the introduction of any other relevantevidence bearing upon any question at issue before the court, and the courtshall, regardless of the results of the blood or breath tests, consider otherrelevant admissible evidence of the condition of the accused. If the testresults indicate the presence of any drugs other than alcohol, the testresults shall be admissible except in a prosecution under clause (v) ofsubsection A of § 46.2-341.24, only if other competent evidence has beenpresented to relate the presence of the drug or drugs to the impairment ofthe accused's ability to drive or operate any commercial motor vehicle safely.
B. The failure of an accused to permit a blood or breath sample to be takento determine the alcohol or drug content of his blood is not evidence andshall not be subject to any comment by the Commonwealth at the trial of thecase, except in rebuttal or pursuant to subsection C; nor shall the fact thata blood or breath test had been offered the accused be evidence or thesubject of comment by the Commonwealth, except in rebuttal or pursuant tosubsection C.
C. Evidence of a finding against the defendant under § 18.2-268.3 for hisunreasonable refusal to permit a blood or breath sample to be taken todetermine the alcohol or drug content of his blood shall be admissible intoevidence, upon the motion of the Commonwealth or the defendant, for the solepurpose of explaining the absence at trial of a chemical test of such sample.When admitted pursuant to this subsection such evidence shall not beconsidered evidence of the accused's guilt.
D. The court or jury trying the case involving a violation of clause (ii),(iii) or (iv) of subsection A of § 46.2-341.24 shall determine the innocenceor guilt of the defendant from all the evidence concerning his condition atthe time of the alleged offense.
A. In any trial for a violation of § 46.2-341.24, admission of the blood orbreath test results shall not limit the introduction of any other relevantevidence bearing upon any question at issue before the court, and the courtshall, regardless of the results of the blood or breath tests, consider otherrelevant admissible evidence of the condition of the accused. If the testresults indicate the presence of any drugs other than alcohol, the testresults shall be admissible except in a prosecution under clause (v) ofsubsection A of § 46.2-341.24, only if other competent evidence has beenpresented to relate the presence of the drug or drugs to the impairment ofthe accused's ability to drive or operate any commercial motor vehicle safely.
B. The failure of an accused to permit a blood or breath sample to be takento determine the alcohol or drug content of his blood is not evidence andshall not be subject to any comment by the Commonwealth at the trial of thecase, except in rebuttal or pursuant to subsection C; nor shall the fact thata blood or breath test had been offered the accused be evidence or thesubject of comment by the Commonwealth, except in rebuttal or pursuant tosubsection C.
C. Evidence of a finding against the defendant under § 18.2-268.3 for hisunreasonable refusal to permit a blood or breath sample to be taken todetermine the alcohol or drug content of his blood shall be admissible intoevidence, upon the motion of the Commonwealth or the defendant, for the solepurpose of explaining the absence at trial of a chemical test of such sample.When admitted pursuant to this subsection such evidence shall not beconsidered evidence of the accused's guilt.
D. The court or jury trying the case involving a violation of clause (ii),(iii) or (iv) of subsection A of § 46.2-341.24 shall determine the innocenceor guilt of the defendant from all the evidence concerning his condition atthe time of the alleged offense.
