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consent law states that anyone operating a motor vehicle on Virginia state roads is expected to take either a breathalizer or blood alcohol test when arrested for DWI. Refusal to take one of the tests constitutes a separate charge.
Both tests are mentioned in the implied consent law, and Keller asked to be given the blood test. The Virginia Code in effect when Keller was arrested stated that a person was to be given whichever test he or she requested when the preferred test was available. The position taken in previous Rapphanannock arrests, ar.d upheld in Rappahannock Ceneral Dis(Continued
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