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DEP'T OF MOTOR VEHICLES v. McELWAIN

No. 42204.

80 Wn.2d 624 (1972)

496 P.2d 963

THE STATE DEPARTMENT OF MOTOR VEHICLES, Respondent, v. DENNIS L. McELWAIN, Appellant.

The Supreme Court of Washington, En Banc.

May 11, 1972.

Attorney(s) appearing for the Case

Siderius, Lonergan & Crowley, by Patrick W. Crowley, for appellant.

Slade Gorton, Attorney General, and John H. Keith, Assistant, for respondent.

ROSELLINI, J.

The question before the court in this case is: Does RCW 46.20 prevent the revocation of a motor vehicle operator's license if the operator, although conscious, is intoxicated to such a degree that he is incapable of refusing to take the breath test as provided for in that statute? Our conclusion is that it does not.

The statute in question, the "Implied Consent Law," adopted through the initiative procedure...

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