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<br />.-----' <br /> <br />--- <br /> <br />or assistant clerk advised the person arrested that such refusal or failure, if <br />found to be unreasonable, constitutes grounds for the revocation of such person's <br />license to drive. The committing or issuing justice, clerk or assistant clerk <br />shall forthwith issue a warrant, charging the person refusing to take the test to <br />determine the alcoholic content of his blood, with violation of this section or <br />with violation of Section 18.1-55.1 of the Code of Virginia or any similar State <br />law. The warrant shall be executed in the same manner as criminal warrants. <br /> <br />(k) The executed declaration of refusal or the certificate of the committing <br />justice, as the case may be, shall be attached to the warrant and shall be forwarded <br />by the committing justice, clerk or assistant clerk to the court in which the <br />offense of driving under the influence of intoxicants shall be tried. <br /> <br />(1) When the court receives the declaration of refusal or certificate referred <br />to in paragraph (k) together with the warrant charging the defendant with refusing <br />to submit to having a sample of his blood taken for the determination of the <br />alcoholic content thereof, the court shall fix a date for the trial of said warrant, <br />at such time as the court shall designate, but subsequent to the defendant's <br />criminal trial for driving under the influence of intoxicants. <br /> <br />(m) The declaration of refusal or certificate under paragraph (k), as the case <br />may be, shall be prima facie evidence that the defendant refused to submit to the <br />taking of a sample of his blood to determine the alcoholic content thereof as pro- <br />vided hereinabove. However, this shall not be deemed to prohibit the defendant from <br />introducing on his behalf evidence of the basis for his refusal to submit to the <br />taking of a sample of his blood to determine the alcoholic content thereof. The <br />court shall determine the reasonableness of such refusal. <br /> <br />(n) If the court shall find the defendant guilty as charged in the warrant, <br />the court shall suspend the defendant's license for a period of 90 days for a first <br />offense and for six months for a second or subsequent offense or refusal within one <br />year of the first or other such refusals; the time shall be computed as follows: <br />The date of the first offense and the date of the second or subsequent offense. <br /> <br />(0) The court shall forward the defendant's license to the Commissioner of the <br />Division of Motor Vehicles of Virginia as in other cases of similar nature for <br />suspension of license unless, however, the defendant shall appeal his conviction in <br />which case the court shall return the license to the defendant upon his appeal being <br />perfected. <br /> <br />(p) The procedure for appeal and trial shall be the same as provided by law <br />for misdemeanors. <br /> <br />/'- <br /> <br />(q) No person arrested for a violation of Section 9-169, or a similar ordinance <br />of this City, or a similar law of the state shall be required to execute in favor of <br />any person or corporation a waiver or release of liability in connection with the <br />withdrawal of blood and as a condition precedent to the withdrawal of blood as <br />provided for herein. <br /> <br />(r) The court or the ju~ trying the case shall determine the innocence or the <br />guilt of the defendant from all the evidence concerning his condition at the time of <br />the alleged offense. <br /> <br />-4- <br />