Turner v. Department of Motor Vehicles

Arthur A. Turner was arrested for driving while intoxicated and taken to the Lewis County jail where he was advised of his rights under the “implied consent” law, RCW 46.20.308. A video tape was used to record this procedure and defendant’s apparent understanding of the “rights” and his willingness to take the breathalyzer test. The video machine was then turned off and did not record his performance.

On conflicting versions of the incident from the defendant and the arresting Washington State Patrol trooper, and another witness, the court found (1) that the officer explained the proper use of…