State v. Long

Andersen, J.—

Facts of Case

At issue in this case is whether a defendant's refusal to take a breath test is admissible in the State's case in chief in a trial for driving while under the influence of intoxicants.

Washington State Patrol Trooper Michael Haw arrested Michael Long, the defendant herein, for driving under the influence of intoxicants on June 3, 1986. After taking the defendant to jail, the trooper advised him of his constitutional rights and of his rights under the implied consent statute. The trooper informed the defendant that while he could refuse to take a breath test, "your…