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LYTLE v. STATE DEPT. OF LICENSING

No. 16910-3-III.

971 P.2d 969 (1999)

Howard Roy LYTLE, Appellant, v. STATE of Washington DEPARTMENT OF LICENSING, Respondent.

Court of Appeals of Washington, Division 3, Panel Five.

February 25, 1999.

Attorney(s) appearing for the Case

Stephen R. Matthews, Phillabaum, Ledlin, Matthews & Gaffney-Brown, Michelle D. Szambelan, Spokane, for Appellant.

Kelley J. Sweeney, Olympia, for Respondent.

SCHULTHEIS, C.J.

Howard Lytle appeals the Department of Licensing's (DOL) revocation of his driver's license under RCW 46.20.308 (the implied consent law) for his refusal to take a breath analysis test to determine his blood alcohol content. Mr. Lytle contends the DOL revocation hearing violated his due process rights because he was denied a meaningful opportunity to be heard. We agree.

The majority of the underlying facts are undisputed by the parties. Late...

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