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HEINEMANN v. WHITMAN COUNTY

No. 50076-2.

105 Wn.2d 796 (1986)

718 P.2d 789

PAUL D. HEINEMANN, Respondent, v. WHITMAN COUNTY, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

May 8, 1986.

Attorney(s) appearing for the Case

James H. Kaufman, Prosecuting Attorney, and April D. McComb, Chief Deputy, for petitioners.

Aitken, Schauble, Patrick & Neill, by Bruce A. Charawell, for respondent.

Leo Poort and M. Colleen Barrett on behalf of Washington Association of Sheriffs and Police Chiefs, amici curiae for petitioners.

BRACHTENBACH, J.

The issue is what warnings must be given to a driver prior to being requested to perform field sobriety tests as a driver suspected of being under the influence of alcohol or drugs, RCW 46.61.502, and prior to his or her formal arrest for driving while under the influence. The Superior Court held that the defendant should have been advised of his right to counsel and suppressed the evidence of the field sobriety tests. We reverse.

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