Nettles v. Department of Licensing

— The Department of Licensing revoked James Nettles’ driver’s license based upon his refusal to submit to a blood alcohol test. The Superior Court reversed, and the Department appeals. It assigns error to the court’s conclusion the Department had the burden of demonstrating that Mr. Nettles, who was seriously injured in an automobile accident, was capable of refusing the test. We reverse the Superior Court and reinstate the Department’s decision.

On July 29, 1990, State Trooper Darren Hettinger was called to the scene of a 1-car accident near Twisp, Washington. Mr. Nettles was lying next to…