Alcohol testing, refusal, evidence, due process.

Ulysses Thomas appeals his conviction of driving after his driving rights were revoked and for refusing to submit to an alcohol test. Thomas stopped his vehicle short of a police roadblock and left the driver's side of the truck to stand with a friend on the passenger side of the vehicle. Police officers questioned Thomas and learned that his driving rights had been revoked because he was deemed to be an habitual offender. Thomas later refused an officer's request that he complete an alcohol breath test. The officer later testified she smelled alcohol on Thomas' breath. Thomas was arrested and charged with several violations of state code.

A trial court overruled Thomas' objections and allowed introduction of evidence Thomas wished to suppress. Thomas claimed evidence concerning his refusal to complete the alcohol test should be dismissed because officers detained him without probable cause. Thomas was convicted of all charges. Thomas now appeals.

A split decision. The Virginia Court of Appeals reversed and remanded the case in part and transferred an aspect of the case for hearing by the state's supreme court. The appeals court reversed on Thomas' conviction of driving as an habitual offender. However, the court ruled that it lacked jurisdiction to rule on his conviction of refusing to take an alcohol test. The court transferred the issue to a higher court.