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invariably, it has been held to be constitutional. Nor can a motorist avoid taking a sobriety test on grounds of self-incrimination. Traffic laws usually provide that a motorist consents in advance, when he takes out his driving license, to submit to testing or 4 lose the license. ^ Of course, the test must still be administered properly to stand up in court. Suppose that the that too much time elapsed between the arrest and the test. Either circumstance could invalidate the results. In one case, the officer who had administered a sobriety, test ackowledged at the trial that he was not well trained in operating the device.
Result: the defendant motorist was set free. The court said the law would not automatically accept test results as valid merely because they happened to come out of a machine.
A Virginia State Bar
Public Service Feature
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