Shin v. CommonwealthAnnotate this Case
Shin was arrested for DWI. Shin declined the arresting officer's demand that he provide a blood and breath sample. The officer then read Form DC-233, “Implied Consent Declaration” to Shin, Code 18.2-268.3(C), which stated: “You shall submit to a breath test. If the breath test is unavailable or you are physically unable to submit to the breath test, a blood test shall be given.” Shin refused to provide a sample and signed a “Declaration of Refusal,” stating that he had been advised of the law and the penalty for unreasonably refusing to provide samples. Shin was convicted of DWI - second offense, unreasonable refusal of a breath or blood test - first offense, and improper lane change. A jury subsequently acquitted Shin of DWI but convicted him of improper lane change. The circuit court found Shin’s refusal unreasonable, in violation of Code 18.2-268.3, and suspended Shin’s license for one year. The Supreme Court of Virginia affirmed, rejecting Shin’s arguments that the implied consent law imposed an unconstitutional condition upon the privilege of driving, was unconstitutionally vague for lacking an objective definition of reasonable refusal, and violated Article I, section 8 of the Virginia Constitution by compelling him to provide the Commonwealth with potentially incriminatory evidence.