Oaks v. Department of Licensing

Frank Nelson Oaks appeals a superior court order affirming the Department of Licensing's revocation of his driver's license for failure to submit to a Breathalyzer test.

The issue presented is whether Oaks was "unconscious" within the meaning of RCW 46.20.308(2) despite his ability to walk, respond to questioning, and make decisions at the time of his arrest for drunk driving and request to submit to the Breathalyzer test. The section of the statute reads:

Any person who is dead, unconscious, or who is other*894wise in a condition rendering him incapable of refusal, shall be deemed not to have…