State v. Whitman County District Court

The State seeks direct review of the decision of the Superior Court suppressing the results of Breathal yzer tests in a number of prosecutions for driving while under the influence. The Superior Court found that the statutory implied consent warning was erroneous and misleading, and the defendants were thereby deprived of an opportunity to exercise an intelligent judgment as to the effect of refusal. We affirm in part, reverse in part.

Facts

All of the respondents were arrested for driving while under the influence. After arriving at the police station, each respondent was advised of his or her…