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WALK v. STATE, DEPT. OF LICENSING

No. 16914-6-III.

976 P.2d 185 (1999)

Larry Clinton WALK, Appellant, v. STATE of Washington, DEPARTMENT OF LICENSING, Respondent.

Court of Appeals of Washington, Division 3, Panel One.

Reconsideration Denied June 16, 1999.

Attorney(s) appearing for the Case

Kenneth D. Beckley, Ellensburg, for Appellant.

Timothy S. Hamill, Asst. Atty. Gen., Yakima, for Respondent.

SWEENEY, A.C.J.

WAC 448-13-040 requires several safeguards that must be "observed by the operator" before a BAC Verifier DataMaster test is performed. The operator must determine that the person does not vomit, eat, drink or smoke at least 15 minutes prior to the administration of the BAC test. WAC 448-13-040.

Larry Walk was arrested for driving under the influence. An officer — not the BAC operator — observed Mr. Walk for the required 15-minute...

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