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STATE v. WILHELM

No. 17030-2-II.

78 Wn. App. 188 (1995)

896 P.2d 105

THE STATE OF WASHINGTON, Petitioner, v. SHANNON WILHELM, Respondent.

The Court of Appeals of Washington, Division Two.

June 14, 1995.

Attorney(s) appearing for the Case

Bernardean Broadous, Thurston County Prosecutor's Office, for petitioner.

Linda Jeanne Whitt, for respondent.

HOUGHTON, J.

Shannon Wilhelm was charged in District Court with driving while intoxicated (DWI) after an officer found him behind the wheel of a vehicle stopped on the inside shoulder of I-5. Wilhelm appeared intoxicated and smelled of alcohol. After he failed field sobriety tests, he refused a breath test. The District Court dismissed the charges, reasoning the State could not establish a prima facie DWI case absent a breath test or evidence that Wilhelm's driving...

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