Town of Clyde Hill v. Rodriguez

831 P.2d 149, 65 Wash. App. 778, 1992 Wash. App. LEXIS 232
CourtCourt of Appeals of Washington
DecidedMay 26, 1992
Docket27059-1-I
StatusPublished
Cited by18 cases

This text of 831 P.2d 149 (Town of Clyde Hill v. Rodriguez) 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
Town of Clyde Hill v. Rodriguez, 831 P.2d 149, 65 Wash. App. 778, 1992 Wash. App. LEXIS 232 (Wash. Ct. App. 1992).

Opinions

Agid, J.

On March 9, 1989, Joseph Rodriguez was arrested for driving while under the influence of intoxicating liquor. At the police station, Rodriguez was given his Miranda1 warnings and warnings regarding his implied consent to submit to a breath test pursuant to RCW 46.20.308. The implied consent warning, which was in written form, stated:

You are now under arrest for driving while intoxicated.
You are now being asked to submit to a test of your breath which consists of two separate samples of your breath, taken independently to determine the alcohol content.
According to the law I must advise you that you have the right to refuse to submit to the breath test. If you refuse, your privilege to drive will be revoked or denied by the Department of Licensing, and your refusal to take the test may be used in a criminal trial.
You further have the right to take one or more tests administered by a physician, or a qualified technician, chemist, registered nurse, or other qualified person of your choosing.

Rodriguez signed the form and submitted to a breath test. The reading exceeded the legal limit.

Rodriguez was charged with violation of RCW 46.61.502, driving while under the influence of intoxicating liquor (DWI). He made a motion in District Court to suppress evidence of his breath test, arguing that the implied consent warning he received was inadequate. The District Court granted the motion. It ruled that the warning was inadequate because it failed to conform exactly to the language of RCW 46.20.308(2), which mandates such warnings. That statute provides, in part, that [780]*780(Italics ours.) On September 12, 1990, the Superior Court summarily affirmed the District Court's ruling.

[779]*779[t]he officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506.

[780]*780The District Court ruled that the warning in this case was inadequate for two reasons. First, it found that the language of the warning given to Rodriguez did not make it clear that he had the right to take tests of a type different from the breath test. Because it did not specifically name other types of tests, the District Court found that Clyde Hill's warning could be understood to mean only that Rodriguez had the right to take additional breath tests. Second, the court concluded that law enforcement was in fact required to use the precise language of the statute, or in the alternative, language which the Supreme Court set forth in State v. Bartels, 112 Wn.2d 882, 774 P.2d 1183 (1989), in giving the implied consent warning. Because the language of Clyde Hill's form was not precisely the same as either of these, the court determined that the warning given was insufficient.

The purpose of the implied consent statute, RCW 46.20.308, is to provide warnings to the defendant which enable him or her to make a knowing and intelligent decision as to whether to submit to a breath test. State v. Whitman Cy. Dist. Court, 105 Wn.2d 278, 282, 714 P.2d 1183 (1986). The purpose of allowing additional tests is to give the defendant a chance to impeach the breath test administered by law enforcement. State v. Stannard, 109 Wn.2d 29, 35, 742 P.2d 1244 (1987). As was stated by the Supreme Court in State v. Canaday, 90 Wn.2d 808, 817, 585 P.2d 1185 (1978), "the statutory requirement [that the defendant may obtain independent tests] demonstrates an important protection of the subject's right to fundamental fairness". If the warnings given are inadequate or misleading, evidence of the breath test must be suppressed. Bartels, 112 Wn.2d at 889; Spokane v. Holmberg, 50 Wn. App. 317, 323-24, 745 P.2d 49 (1987), review denied sub nom. Box v. Grant Cy. Dist. Court, 110 Wn.2d 1013 (1988).

With these principles in mind, we first address Rodriguez' contention that the following language from the Bartels [781]*781opinion sets forth a bright line rule mandating that these exact words must be used anytime the implied consent warning is given.

[E]very DWI suspect must be advised of these four distinct rights: (1) "you have the right to refuse the breath or blood test;" (2) "if you refuse to submit to the test your privilege to drive will be revoked or denied;" (3) "your refusal to take the test may be used in a criminal trial;" and (4) "if you take the breath or blood test, you have the right to additional tests administered by any qualified person of your own choosing."

112 Wn.2d at 886. Because the warning in this case does not conform precisely to this language, Rodriguez argues it is inadequate in that it (1) fails to mention the blood test in the appropriate places, and (2) uses the term "one or more" rather than "additional".2 For the reasons discussed below, we conclude that Bartels supports neither of Rodríguez* arguments.

Bartels involved six consolidated appeals. In each case, the driver had been arrested on suspicion of DWI. Each was given Miranda and implied consent warnings. Each agreed to take either a breath or blood test, and each test indicated the driver's blood contained an excessive amount of alcohol. As part of the implied consent warning, each driver was advised that he or she could seek additional tests "at your own expense". 112 Wn.2d at 884. The issue before the court was whether these superfluous words misinformed indigent drivers, thus interfering with their opportunity to intelligently exercise their right to take other tests. The Supreme Court ruled that the phrase was inaccurate as to indigent drivers since, under the Washington Rides of Court, an indigent person is entitled to reimbursement for such tests. 112 [782]*782Wn.2d at 887. Inclusion of the disputed clause in the warning thus interfered with an indigent driver's ability to make an informed judgment as to whether to take additional tests, requiring suppression of the results of their breath or blood tests. 112 Wn.2d at 888-89.

While the court in Bartels used the phrase "breath or blood test" in its recitation of the warning, in so doing it was not mandating that both tests be mentioned every time the warning is given.

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Town of Clyde Hill v. Rodriguez
831 P.2d 149 (Court of Appeals of Washington, 1992)

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Bluebook (online)
831 P.2d 149, 65 Wash. App. 778, 1992 Wash. App. LEXIS 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-clyde-hill-v-rodriguez-washctapp-1992.