Nathan Lee Shin v. Commonwealth of Virginia (Virginia 2017)

Summary

The Supreme Court of Virginia affirmed the circuit court's finding that Nathan Lee Shin's refusal to submit to a breath test was unreasonable under Code § 18.2‑268.3. The Court rejected Shin's constitutional challenges, holding that the implied‑consent law does not violate the unconstitutional‑conditions doctrine, is not void for vagueness, and does not infringe Article I, § 8 of the Virginia Constitution.

Holding

Whether Virginia's implied consent law violates the unconstitutional‑conditions doctrine by conditioning driving privileges on waiver of Fourth Amendment rights.. The unconstitutional‑conditions doctrine does not apply because the officer's demand was for a breath test, which is permissible without a warrant under the Fourth Amendment.

Whether Code § 18.2‑268.3 is unconstitutionally vague for lacking an objective standard of a reasonable refusal.. The statute is not void for vagueness; Virginia case law provides an objective standard, and Shin failed to show an objectively reasonable basis for his refusal.

Whether the implied consent law violates Article I, § 8 of the Virginia Constitution's self‑incrimination protection.. The implied consent law does not violate Article I, § 8 because breath and blood tests are non‑testimonial evidence.

Whether Shin has standing to bring a facial constitutional challenge to Code § 18.2‑268.3.. Shin lacks standing because he did not demonstrate an objectively reasonable refusal, and the statute has at least one constitutional application.

Summary

Holding

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