Frank v. Department of Licensing

Roy J. Frank was arrested for operating a motor vehicle while under the influence of intoxicants. He was advised of his rights under the implied consent statute, RCW 46.20.308, 1 and told that his "refusal to take this [breath] test may be used in a criminal trial." Mr. Frank refused the test and his driver's license was revoked by the Department of Licensing. The Superior Court affirmed the Department's order, following a trial de novo. The dispositive issue presented is whether the statutory implied consent warning that the refusal to take a breath test may be used in a criminal trial, as…