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STATE v. YALLUP

No. 28040-3-III.

248 P.3d 1095 (2011)

STATE of Washington, Respondent, v. Elon Alex YALLUP, Appellant.

Court of Appeals of Washington, Division 3.

March 10, 2011.

Attorney(s) appearing for the Case

Andrea Burkhart , Burkhart & Burkhart PLLC, Walla Walla, WA, for Appellant.

Kevin Gregory Eilmes , Prosecuting Attorney's Office, Yakima, WA, for Respondent.

KORSMO, A.C.J.

¶ 1 Elon Yallup challenges his conviction for felony driving while under the influence (DUI), arguing that the State cannot enforce the implied consent laws against an enrolled member of the Yakama Nation driving on state highways on the reservation. We conclude that the implied consent statute is primarily a criminal statute rather than a civil regulatory statute as that distinction is applied by the United States Supreme Court in cases interpreting...

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