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VA · jury_instructions

Va. Model Jury Instr. Crim. No. 21.400

Refusal to Submit to Blood or Breath Test

activein force · 2025-10-01 – presentcompiled-edition

The defendant is charged with the crime of unreasonably refusing to submit to a [blood; breath;

blood and breath] test. The Commonwealth must prove beyond a reasonable doubt each of the

following elements of that crime:

(1) That the defendant was operating his motor vehicle on a highway; and

(2) That the defendant refused to submit to a [blood; breath] test to determine the [alcohol; drug;

alcohol and drug] content of his blood; and

(3) That the defendant was arrested for a violation of [Virginia Code § 18.2-266; 18.2-266.1; or

subsection B of § 18.2-272 or of a similar ordinance]; and

(4) That the refusal was unreasonable.

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the above elements of the crime as charged, then you shall find the defendant guilty.

If you find that the Commonwealth has failed to prove beyond a reasonable doubt any one or

more of the elements of the crime, then you shall find the defendant not guilty.

History

Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.

Provenance

Source
vacourts.gov
Retrieved
2026-10-11
Edition
crim-2025-10-01
Content hash
dbf7156ad808a4459bd3cab43dba84861ba5c703bf533b8efaf7b786bf0ec87d
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