Frank v. Department of Licensing

— The “implied consent” statute, RCW 46.20.308, requires police officers to send a signed report of refusal to the Department of Licensing (DOL) within 72 hours after a suspected drunk driver refuses to submit to a breath test. Upon receipt of the report, the DOL revokes the driver’s license for a period. RCW 46.20.308(7); .311. The signed report of Lee Frank’s refusal to submit to a breath test was not date-stamped. He appeals the revocation of his driver’s license, contending the statutory time limit is a jurisdictional prerequisite to the DOL’s authority to revoke his license. We disagree…