Department of Licensing v. Lax

This case requires us to decide whether a person suspected of driving while intoxicated who initially refuses a breath or blood test can later withdraw or negate the refusal, thereby avoiding administrative revocation of the driving privilege. Ralph Lax’s driver’s license was revoked by the Department of Licensing (Department) for refusing to submit to a blood test following his arrest for driving while under the influence of intoxicants (DWI), despite the fact that Lax consented to a blood test approximately 12 minutes after his initial refusal. He appealed and the Department’s action was…