STATE v. TREVINO

Nos. 61890-9; 62225-6.

127 Wn.2d 735 (1995)

903 P.2d 447

THE STATE OF WASHINGTON, Petitioner, v. OSCAR C. TREVINO, Respondent. THE STATE OF WASHINGTON, Respondent, v. TINA M. MIESSE, Appellant.

The Supreme Court of Washington, En Banc.

October 12, 1995.


Attorney(s) appearing for the Case

James R. Sweetser, Prosecuting Attorney, and Larry D. Steinmetz, Deputy, for petitioner State.

Ronald D. Ness & Associates, by Ronald D. Ness and John L. Cross, for appellant Miesse.

Walter V. Waltz, for respondent Trevino.

Russell D. Hauge, Prosecuting Attorney, and Pamela B. Loginsky and Rhonda Kalil, Deputies, for respondent State.


ALEXANDER, J.

In this consolidated appeal, we are called upon to decide essentially one question: is suppression of breath analysis test results required, notwithstanding an absence of prejudice to a DUI suspect, when the arresting officer, prior to inquiring about or visually checking the contents of the suspect's mouth, either fails to (1) inform the suspect of his or her right to counsel pursuant to CrRLJ 3.1(c)(1), or (2) give the suspect an implied consent warning...

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