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DEPT. OF LICENSING v. SHEEKS

No. 7465-0-III.

47 Wn. App. 65 (1987)

734 P.2d 24

THE DEPARTMENT OF LICENSING, Appellant, v. RUSSELL K. SHEEKS, Respondent.

The Court of Appeals of Washington, Division Three.

March 3, 1987.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and William C. Dodge, Assistant, for appellant.

John C. Cooney, for respondent.

THOMPSON, J.

Russell Sheeks' driver's license was revoked for refusing to take a Breathalyzer test after his arrest for driving under the influence of alcohol. The trial court reinstated his license, finding he was suffering from hypothermia rather than the effects of alcohol when he refused the Breathalyzer test, which caused him to be confused so that he did not understand the implied consent warning. The Department of Licensing appeals the reinstatement of Mr....

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