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COURT OF APPEALS OF VIRGINIA Present: Judges Baker, Bray and Overton Argued at Norfolk, Virginia DAVID S. HUDSON v. Record No. 1012-94-1 OPINION BY JUDGE NELSON T. OVERTON OCTOBER 24, 1995

COMMONWEALTH OF VIRGINIA

FROM THE CIRCUIT COURT OF GLOUCESTER COUNTY Fred W. Bateman, Judge Designate R. Bruce Long for appellant. H. Elizabeth Shaffer, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

David Hudson was convicted in a bench trial of operating a vehicle while under the influence of alcohol based on the results of a blood test. Hudson claims that the blood test as

administered did not meet the statutory procedural requirements and therefore the results should be inadmissible. We agree with

this contention and for the following reasons reverse the conviction. Hudson was observed driving erratically and was stopped by a police officer. Being advised of Virginia's implied consent law,

Hudson elected a blood test and was driven to a nearby hospital. The arresting officer testified that the nurse cleaned Hudson's arm with a "benadine solution." The Code requires that when the Commonwealth draws blood for the purposes of an alcohol or drug test, the part of the body from which the blood is taken must be cleansed with "soap and

water, polyvinylpyrrolidone iodine or benzalkonium chloride." Code

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