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The ~.~-arrant s~hai1 be exeduted ib the same manner as <br /> crfur~nal warrants. <br /> (k) ~ne executed declaration of refusal or the <br /> certificate of the committing 3ustice as the case ma~7 <br /> ~e, shall be a~achem to the warrant and shall be for- <br /> warded by the committing justice, clerk or assistan~ <br /> clerk ~o the court in which the offense of driving <br /> under the influence of intoxicants shall be tried. <br /> (1) ~,~Zen the court receives the declara-~ion of <br /> refusal or certificate referred to in paragraph (k) <br /> together with the warra~n~ C'har~ng the defendan5 with <br /> refusin~ to submit to having a s~ple of his blood <br /> tsd~en for the determination of the alcoholic content <br /> thereof, -the court shall fix a date for the trial of <br /> said warrant, at such time' as the cour~ shall desig- <br /> nate, but subsequent to the defendant's criminal trial <br /> for driving under the influence of intoxican5s. <br /> (m) ~]e declaration of refusal or certificate <br /> under paragraph (k), as the case ~y be, shall be <br /> prL~na facie evidence that the defends~t refused to <br /> submit to the tailing of a ssrmple of b~s blood to deter- <br /> mine the alcoholic convent thereof as provided nere- <br /> inabove. Ho%.~ever, this shall nov be deemed to pro- <br /> hibit the defendant from introducing on his behalf <br /> evidence of the basis for his refusal to subnmit to the <br /> taking of a sample of his blood to determine the <br /> alcoholic content thereof. ?ne court shall deter~ne <br /> the reasonableness of suck refusal. <br /> (n) If the court shall find the defendant gnlitty <br />as charged in the warrans~ the court shall suspend the <br />defendant! s license for a period of 90 days for a firs~ <br />offense a~d for six months for a second or sussequent <br />offense or refusal within one year of the first or <br />other such refusals; the time shall be co~uted as <br />follows: The date of the firs~ offense ana the date <br />of the second or subsequent offense. <br /> (o) The court shall fo~,~s~rd the ~efendant's <br />license ~o the Cor~mmissioner of the Division of Motor <br />Vehicles of Vir~tnia as in other cases of si~ilar <br />nature for suspension of license unless, however, the <br />defendant shall appeal ~his conviction in which case <br />the cour5 shall return the license to the defendant <br />upon his appeal being perfected. <br /> <br />22 <br /> <br /> <br />