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STATE v. BARTELS

Nos. 55675-0, 55739-0.

112 Wn.2d 882 (1989)

774 P.2d 1183

THE STATE OF WASHINGTON, Petitioner, v. JOSEPH BARTELS, ET AL, Respondents. THE CITY OF SEATTLE, Petitioner, v. RANDY BRANCH, Respondent.

The Supreme Court of Washington, En Banc.

June 29, 1989.

Attorney(s) appearing for the Case

Donald C. Brockett, Prosecuting Attorney, and G. Ward McAuliffe and Dannette W. Allen, Deputies, for petitioner State.

Douglas N. Jewett, City Attorney, and Douglas B. Whalley, City Prosecutor, for petitioner Seattle.

John Cooney & Associates, P.S., Irwin & Chinn, P.S., and James F. Irwin, for respondents Bartels, et al.

Richard L. Cease, Public Defender, and Jim Kane, Assistant, for respondents Buchite, et al.

Ann Ryan of Associated Counsel for the Accused, for respondent Branch.

CALLOW, C.J.

We are asked in these consolidated cases to suppress the results of certain blood alcohol content tests. Each defendant agreed to submit to a test after being told that he or she had the right to have a qualified person administer an additional test "at your own expense." We hold that the quoted language is improper.

I

Each defendant in these cases was arrested for suspicion of driving while intoxicated. The arresting officer properly...

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