State v. Parker

Defendant appeals his conviction by a Kit-sap County jury of driving while intoxicated. The appeal raises one question of first impression. Was defendant’s refusal to take a Breathalyzer test admissible on the issue of his guilt?

Over objection, the State was allowed to introduce evidence that defendant refused the Breathalyzer test shortly after his arrest. Later the jury was instructed that it could consider his refusal in determining guilt or innocence, 1 and the State was permitted to argue the refusal as an admission of guilt. We think these rulings were erroneous and order a new trial.

The…