Hering v. Department of Motor Vehicles

On February 18, 1971, Richard Lynn Hering was arrested and subsequently charged with driving while under the influence of intoxicating liquor and reckless driving. The arresting officer requested that he submit to a chemical sobriety test after properly advising him of his rights and of the consequences of a refusal pursuant to RCW 46.20.308 (the implied consent statute). Hering refused to take the test. Thereafter, he was notified by the Department of Motor Vehicles that his operator’s permit was suspended for a period of 6 months because of his refusal to take the test. He appealed to the…