STATE v. RUSSELL

No. 6729-7-III.

41 Wn. App. 391 (1985)

704 P.2d 1214

THE STATE OF WASHINGTON, Respondent, v. PAUL A. RUSSELL, Petitioner.

The Court of Appeals of Washington, Division Three.

August 6, 1985.


Attorney(s) appearing for the Case

Richard Montoya, for petitioner.

E.R. Whitmore, Prosecuting Attorney, and Mark J. Davis and Gail Douglas, Deputies, for respondent.


THOMPSON, J.

This case involves the question of whether police refusal to administer a second Breathalyzer test denies a DWI arrestee the statutory right to obtain "additional tests". We hold it does not under the facts of this case and affirm petitioner's conviction.

On February 22, 1984, Mr. Russell was arrested for DWI and transported to the police station where a Breathalyzer test was administered. Although Mr. Russell was required to blow into the machine...

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