State v. Staeheli

Petitioner Staeheli challenges the revocation of his driver's license by the Department of Licensing pursuant to RCW 46.20.308, the implied consent law, for his refusal to take a Breathalyzer test. The issue raised is whether a person arrested for driving while under the influence of intoxicants, and who is given both Miranda warnings and implied consent warnings, may lawfully refuse the Breathalyzer test by insisting on the arrival of counsel before submitting to the test. We answer no and affirm the license revocation.

At approximately 11:30 p.m. on September 25, 1981, petitioner was found…