Medcalf v. Department of Licensing

(concurring) — Neither the implied consent statute nor its policy underpinnings require the majority’s conclusion that in a driver’s license revocation proceeding based upon "refusal” to submit to a breath test for alcohol, a mental condition rendering the driver unable either to refuse or to cooperate in the test is an irrelevant consideration. The majority’s result is particularly unfortunate because it fails to acknowledge that a mental disorder may be just as debilitating as a physically manifested condition incapacitating the driver. I concur in the result reached by the majority,…