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JURY v. STATE, DEPT. OF LICENSING

Nos. 20462-6-III, 20580-1-III.

60 P.3d 615 (2002)

114 Wash.App. 726

Matthew A. JURY, Respondent, v. STATE of Washington, DEPARTMENT OF LICENSING, Appellant. James Richard Bourquin, Respondent, v. State of Washington, Department of Licensing, Appellant.

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

December 26, 2002.

Attorney(s) appearing for the Case

Timothy S. Hamill, Assistant Attorney General, Yakima, WA, for Appellant.

Albert A. Rinaldi, Jr., Attorney at Law, Seattle, WA, for Respondents.

SWEENEY, J.

Washington's implied consent law prescribes that a driver impliedly consents to take a breath or blood test as a condition of the privilege of driving. RCW 46.20.308(1). But it also requires that the arresting officer inform the driver of his or her right to refuse a breath test, the consequences of refusing the breath test, and other licensing action which may follow criminal conviction. RCW 46.20.308(2). These required warnings are set out in the statute...

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