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STATE v. ZWICKER

Nos. 51708-8, 51713-4.

105 Wn.2d 228 (1986)

713 P.2d 1101

THE STATE OF WASHINGTON, Petitioner, v. BENNY ZWICKER, Respondent. THE STATE OF WASHINGTON, Petitioner, v. DONALD D. PALANUIK, Respondent.

The Supreme Court of Washington, En Banc.

As amended by order February 10, 1986.

Attorney(s) appearing for the Case

David S. McEachran, Prosecuting Attorney for Whatcom County, and Robert Carmichael, Deputy; Donald C. Brockett, Prosecuting Attorney for Spokane County, and James R. Sweetser, Deputy, for petitioner.

Jon E. Ostlund and Robert S. Jones of Whatcom County Public Defender Association and Richard L. Cease and Carl E. Hueber of Spokane County Public Defender Association, for respondents.

James H. Kaufman, Prosecuting Attorney for Whitman County, and Susan J. Grosshandler, Deputy, amici curiae for petitioner.

[As amended by order of the Supreme Court February 10, 1986.]

DORE, J.

In this consolidated case the State seeks direct review of the rulings of two superior courts, which held that evidence of refusal to take a Breathalyzer test is inadmissible as irrelevant, prejudicial or both in an action for driving while under the influence. We affirm.

FACTS

Palanuik — On August 27, 1984, a Washington State Patrol trooper...

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