Virginia law (see below) states that, by driving on our roads, you have consented to a breath test if arrested for drunk or drugged driving. The law also says that, if a blood test is to be administered, prior to the test you are to be advised of certain rights. Delegate Griffith wants to add language (see underlined) that would say that it's okay if you don't understand your rights if you don't speak English well. That just doesn't seem fair, does it? And, it clearly isn't about whether you are here legally or not, is it?

B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2-266 or both, § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.

The provisions of this section shall apply notwithstanding the inability of the person so arrested to comprehend, because of his state of inebriation or inability to understand the English language, the advisement of the person administering the test.