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MEDCALF v. STATE, DEPT. OF LICENSING

No. 64509-4.

944 P.2d 1014 (1997)

133 Wash.2d 290

Thomas R. MEDCALF, Petitioner, v. STATE of Washington, DEPARTMENT OF LICENSING, Respondent.

Supreme Court of Washington, En Banc.

October 2, 1997.

Attorney(s) appearing for the Case

Prince, Kelley, Marshall & Coombs, David S. Marshall, Seattle, for petitioner.

Christine O. Gregoire, Atty. Gen., James Schmid, Asst. Atty. Gen., Seattle, for respondent.

GUY, Justice.

The issue in this case is whether a driver who refuses to take a breath alcohol test as required by the implied consent law, RCW 46.20.308, may challenge the subsequent revocation of his license on the ground that he suffers from a mental disorder which prevented him from refusing or from taking the test.

We hold that the existence of a mental disorder which is not manifested by objective, physical symptoms, so as to permit the arresting officer...

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