State v. Zwicker

In this consolidated case the State seeks direct review of the rulings of two superior courts, which held that evidence of refusal to take a Breathalyzer test is inadmissible as irrelevant, prejudicial or both in an action for driving while under the influence. We affirm.

Facts

Palanuik — On August 27, 1984, a Washington State Patrol trooper was advised by radio dispatch of a 2-car noninjury accident in Spokane County. The trooper responded to the call and upon arrival was advised by a Spokane County deputy sheriff that the defendant had an odor of alcohol on his breath and that there could be…