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State court of last resort · ST-VA-SC
Shin v. Commonwealth
No. 170128Supreme Court of Virginia
170128 Shin v. Commonwealth 12/28/2017 In an appeal from conviction for unreasonable refusal to submit a breath test in violation of Code § 18.2-268.3, the judgment is affirmed. The contention that Virginia's …
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170128 Shin v. Commonwealth 12/28/2017 In an appeal from conviction for unreasonable refusal to submit a breath test in violation…
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- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Dec 28, 2017
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170128 Shin v. Commonwealth 12/28/2017 In an appeal from conviction for unreasonable refusal to submit a breath test in violation of Code § 18.2-268.3, the judgment is affirmed. The contention that Virginia's implied consent law imposes an unconstitutional condition upon the privilege to drive within the Commonwealth, making it reasonable for a driver to refuse to provide a blood or breath sample when arrested on suspicion for driving while intoxicated is rejected. Nor is there merit in the argument that Code § 18.2-268.3 lacks an objective definition of what constitutes a reasonable refusal under the statute. The implied consent law also does not violate the Virginia Constitution.
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