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WELCH v. DEP'T OF MOTOR VEHICLES

No. 2509-1.

13 Wn. App. 591 (1975)

536 P.2d 172

EUGENE B. WELCH, Appellant, v. THE DEPARTMENT OF MOTOR VEHICLES, Respondent.

The Court of Appeals of Washington, Division One.

As amended by order October 6, 1975.

Attorney(s) appearing for the Case

Johnston, Woody & Neal, Inc., P.S., and Levy S. Johnston, for appellant.

Slade Gorton, Attorney General, and James R. Silva, Assistant, for respondent.

[As amended by order of the Court of Appeals October 6, 1975.]

FARRIS, J.

The facts are undisputed. On June 12, 1969, Eugene B. Welch was arrested and charged with driving while under the influence of intoxicating liquor. At that time, the arresting officer sought to administer a chemical analysis of Welch's breath to determine his blood alcohol content pursuant to RCW 46.20.308. Welch refused to take the test after being advised that he had a right to refuse...

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