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STATE v. McNICHOLS

No. 62431-3.

906 P.2d 329 (1995)

128 Wash.2d 242

STATE of Washington, Petitioner, v. Paul K. McNICHOLS, Respondent.

Supreme Court of Washington, En Banc.

November 30, 1995.

Attorney(s) appearing for the Case

Honorable Jim Sweetser, Spokane County Prosecutor, Kevin M. Korsmo, Deputy Prosecutor, Spokane, for petitioner.

Winston & Cashatt, Carl E. Hueber, Thomas M. McBride, Spokane, for respondent.

MADSEN, Justice.

This case arises out of the conviction of Paul K. McNichols of driving while intoxicated. At issue is (1) whether Washington's implied consent statute imposes an affirmative duty on jail personnel to advise DWI suspects regarding additional testing; and (2) whether jail personnel interfered with McNichol's attempt to obtain an independent blood alcohol test.

FACTS

On April 13, 1991, at approximately...

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