Virginia Supreme Court · 2006
Bristol v. Commonwealth
Saying 'you're under arrest' is not an arrest. For a DUI blood or breath certificate to come in under implied consent, the suspect must be validly arrested — probable cause plus either physical restraint or genuine submission to your authority — before the sample is drawn and within the statutory three-hour window. Signing a consent-to-draw form is not submission.
272 Va. 568 (2006)
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