Steffen v. Department of Licensing

812 P.2d 516, 61 Wash. App. 839, 1991 Wash. App. LEXIS 242
CourtCourt of Appeals of Washington
DecidedJuly 11, 1991
DocketNo. 10797-3-III
StatusPublished
Cited by5 cases

This text of 812 P.2d 516 (Steffen v. Department of Licensing) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steffen v. Department of Licensing, 812 P.2d 516, 61 Wash. App. 839, 1991 Wash. App. LEXIS 242 (Wash. Ct. App. 1991).

Opinion

Thompson, J.

Deborah Elaine Steffen appeals a superior court order affirming the revocation of her driver's license. Her license was revoked by the Department of Licensing for refusing to submit to a breath test. We affirm.

On the evening of January 22, 1989, Ms. Steffen drank alcohol in Yakima until she passed out. The next morning between 8:30 and 9, she drove to her father's Yakima home. She was hung over and asked her stepmother if she had anything she could take. Her stepmother told her she had aspirin in her medicine cabinet. Ms. Steffen took two pills [841]*841from the medicine cabinet, believing them to be aspirin. Her stepmother had a heart condition and kept her prescription medication in the same cabinet. It was not known what medication Ms. Steffen actually ingested.

Ms. Steffen left Yakima with her two children, intending to return to Moses Lake. She had nothing to eat or drink before leaving. She stopped at a restaurant in Vantage and drank a wine cooler while her children ate. Shortly after leaving Vantage, she felt sick and stopped. Her children got out of the vehicle.

Between 1:15 and 1:30 p.m., State Trooper Nettleton observed Ms. Steffen's vehicle alongside Interstate 90, approximately 6 miles east of George. The tires were spinning and she was trying to maneuver out of some ruts. Her two children were next to the vehicle trying to get the trooper's attention.

Ms. Steffen was getting out of her car as Trooper Nettle-ton approached. She was trying to get her children who started running toward him. He observed that her jeans were 7 to 8 inches below her waistline and her zipper was open. She could not keep her balance and had to hang onto the car whenever she took a step. He detected a strong odor of alcohol. She told him she had to get her children and had to use the rest room. When the trooper asked her how much she had to drink, she did not reply. She relieved herself and the trooper placed her under arrest.

Ms. Steffen was taken to the Grant County Jail, advised of her Miranda rights and advised and warned of her implied consent rights and consequences. The trooper began the necessary procedure to give Ms. Steffen a breath test. Ms. Steffen refused to take the test, however. The trooper prepared a sworn statement of refusal as required under RCW 46.20.308(6).

The Department of Licensing revoked Ms. Steffen's driver's license. She appealed to Grant County Superior Court and a de novo bench trial was held. Ms. Steffen argued she was incapable of refusing the breath test under [842]*842RCW 46.20.308(4).1 The trial court disagreed. The revocation of Ms. Steffen's license was affirmed and the Department was awarded statutory attorney fees.

Ms. Steffen first contends there was insufficient evidence to support the trial court's finding that she was not unconscious as contemplated by RCW 46.20.308(4).

A person arrested for DWI is permitted to withdraw his or her implied consent to a chemical test for blood alcohol content after being fully advised of the consequences. RCW 46.20.308(5). However, a driver who is "dead, unconscious, or . . . otherwise in a condition rendering him or her incapable of refusal . . .", is deemed not to have withdrawn consent, and a blood test is to be administered. RCW 46.20.308(1), (2);2 Department of Motor Vehicles v. Mc-Elwain, 80 Wn.2d 624, 627, 496 P.2d 963 (1972).

The meaning of "unconsciousness" was directly at issue in Oaks v. Department of Licensing, 31 Wn. App. 892, 645 P.2d 708 (1982).3 The defendant in Oaks argued his level of intoxication had been so great he was rendered "unconscious". He asserted that a significantly diminished level of awareness or self-perception was sufficient and that a total lack of self-awareness was not required.

Oaks noted the term '"unconscious'" was not defined by statute, but that a reputable dictionary defined it as "'not knowing or perceiving . . . free from self-awareness.'" [843]*843Oaks, at 896.4 The court expanded this definition as follows:

To be "unconscious" within the meaning of the statute, a motorist must manifest symptoms of such a lack of self-awareness or inability to perceive as to render him completely unable to exercise judgment. Physical incapacity, such as an inability to walk, talk or observe, is the strongest evidence. The present inability to recall the incident is weak evidence at best.

Oaks, at 896. We agree. A person is unconscious within the meaning of RCW 46.20.308(4) when he or she is without awareness, sensation, or cognition. Random House Dictionary 2058 (2d ed. 1987).

Here, the trial court found that Ms. Steffen was intermittently coherent and incoherent, mostly incoherent. She stated she did not know why she was at the jail and used words to the effect she did not want to submit to a breath test.5 She needed assistance in order to walk and stand.6 [844]*844She had trouble speaking and did not communicate or respond well. Yet, when the officer came upon Ms. Steffen, she was attempting to maneuver her car out of some ruts. She had enough awareness to express concern about getting her children and about relieving herself in an area at least partially sheltered from the public.7

If supported by substantial evidence, a trial court's findings will not be disturbed on appeal. In re Sego, 82 Wn.2d 736, 513 P.2d 831 (1973). Substantial evidence is evidence sufficient to persuade a fair-minded person of the truth of the matter. Department of Licensing v. Sheeks, 47 Wn. App. 65, 734 P.2d 24, review denied, 108 Wn.2d 1021 (1987). We hold there was substantial evidence to support the trial court's finding that Ms. Steffen was not "unconscious" within the meaning of RCW 46.20.308(4).

Ms. Steffen next contends the trial court erred in concluding that one who suffers confusion as a result of involuntary intoxication cannot give a valid refusal. She argues [845]*845she was a person "otherwise in a condition rendering him or her incapable of refusal..." under RCW

Related

Medcalf v. State, Dept. of Licensing
944 P.2d 1014 (Washington Supreme Court, 1997)
Medcalf v. Department of Licensing
133 Wash. 2d 290 (Washington Supreme Court, 1997)
Medcalf v. Department of Licensing
920 P.2d 228 (Court of Appeals of Washington, 1996)
Nettles v. Department of Licensing
870 P.2d 1002 (Court of Appeals of Washington, 1994)

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Bluebook (online)
812 P.2d 516, 61 Wash. App. 839, 1991 Wash. App. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steffen-v-department-of-licensing-washctapp-1991.