Junkley v. Department of Motor Vehicles

The Department of Motor Vehicles appeals from a judgment entered in Pierce County Superior Court in favor of Alvin C. Junkley reinstating his driver’s license.

This appeal raises a single issue: Does the implied consent law’s requirement of a knowing and intelligent refusal to submit to a breath test preclude revocation of the license of a driver who, through a combination of medication and alcohol, is too intoxicated to understand the advice and warnings given him?

On April 21, 1970 Junkley had gone to a restaurant to eat dinner. He had at least two or three drinks, possibly more, and took an…