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CITY OF SPOKANE v. WILCOX

No. 24030-4-III.

179 P.3d 840 (2008)

CITY OF SPOKANE, Petitioner, v. Daniel C. WILCOX, Respondent.

Court of Appeals of Washington, Division 3.

March 20, 2008.

Attorney(s) appearing for the Case

Michelle Dimond Szambelan, City Attorneys Office, Spokane, WA, Janean Vee Phillips, Attorney at Law, Rosalia, WA, for Petitioner.

Katherine Steele Knox, Office of the Public Defender, E. Michiko Fjeld, City of Spokane Public Defender, Spokane, WA, for Respondent.

SWEENEY, C.J.

¶ 1 The question before us is whether the administrative suspension of a driver's license for a driving under the influence (DUI) conviction is punishment, subjecting it to the strictures of Blakely v. Washington1 and, therefore, entitling the driver to a jury determination of refusal. We conclude it is not punishment and reverse the superior court determination to the contrary.

FACTS

¶ 2...

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