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LEININGER v. STATE, DEPT. OF LICENSING

No. 21573-3-III.

83 P.3d 1049 (2004)

Michael Shawn LEININGER, Respondent, v. WASHINGTON STATE DEPARTMENT OF LICENSING, Petitioner.

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

February 5, 2004.

Attorney(s) appearing for the Case

Janelle Carman, Assistant Attorney General, Kennewick, WA, for Appellant.

Alan M. Singer, Tukwila, WA, for Respondent.

SWEENEY, J.

A driver arrested for driving while under the influence has no right to an attorney for the implied consent proceedings. Police may be required to clarify any "objective and unequivocal" confusion over the consequences of a refusal to take a breath test. Here, Michael Leininger, after being arrested for driving while under the influence, did not express confusion over the specific implied consent warnings, but rather over what he should do. Police provided...

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