implied consent warning in Washington

54 Washington opinions name it 2 courts 1974–2019 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

Case	Followed	Cited
Connolly v. Department of Motor Vehiclesgreen wash · 1971 · cited in 4 Washington opinions naming this issue, 1999–2016 2 sentences 2016In Connolly , for example, we reversed the Department of Licensing’s revocation of a driver’s license for refusal to take a breath test because the implied consent warning given did not inform the driver that he had the statutory right to independent testing. 79 Wn.2d at 501, 504 . 2016In Connolly, for example, we reversed the Department of Licensing's revocation of a driver's license for refusal to take a breath test because the implied consent warning given did not inform the driver that he had the statutory right to independent testing. 79 Wn.2d at 501, 504 .	2	4
Birchfield v. N. Dakota. William Robert Bernardgreen scotus · 2016 · cited in 2 Washington opinions naming this issue, 2019–2019 2 sentences 2019As noted in Justice Sotomayor's dissent, requiring warrants for most breath tests would not overly task the judiciary: "[A] significant majority of drivers voluntarily consent to breath tests, even in states without criminal penalties for refusal." Birchfield, 136 S. Ct. at 2193 (Sotomayor, J., dissenting). 2019As noted in Justice Sotomayor's dissent, requiring warrants for most breath tests would not overly task the judiciary: "[A] significant majority of drivers voluntarily consent to breath tests, even in states without criminal penalties for refusal." Birchfield, 136 S. Ct. at 2193 (Sotomayor, J., dissenting).	2	2
Lynch v. Department of Licensinggreen washctapp · 2011 · cited in 3 Washington opinions naming this issue, 2013–2017 2 sentences 2017E.g., Gonzales v. Dep't ofLicensing, 112 Wn.2d 890, 901-05 , 11A P.2d 1187 (1989) (civil action; dicta that no prejudice necessarily required in criminal case "where the officer omits an entire portion ofthe statutorily mandated warning"); Lynch v. Dep't ofLicensing, 163 Wn. 2013Lynch, 163 Wn.	1	3
Cooper v. Department of Licensinggreen washctapp · 1991 · cited in 2 Washington opinions naming this issue, 2009–2009 2 sentences 2009App. 525 , 810 P.2d 1385 (1991) to argue that an implied consent warning that does not accurately convey the law is not adequate merely because it mirrors the statutory warning language. 2009Bostrom, 127 Wash.2d at 586 , 902 P.2d 157 . ¶ 12 Elkins relies on Cooper v. Dep't of Licensing, 61 Wash.App. 525 , 810 P.2d 1385 *215 (1991) to argue that an implied consent warning that does not accurately convey the law is not adequate merely because it mirrors the statutory warning language.	1	2
State v. Turpingreen wash · 1980 · cited in 1 Washington opinions naming this issue, 2017–2017 1 sentence 2017See Turpin, 94 Wn.2d at 822-24 ; State v. McNichols, 128 Wn.2d 242, 248-51 , 906 P.2d 329 (1995); State v. Morales, 173 Wn.2d 560, 568 , 269 P.3d 263 (2012).	1	1
South Dakota v. Nevillegreen scotus · 1983 · cited in 1 Washington opinions naming this issue, 2017–2017 2 sentences 2017See South Dakota v. Neville, 459 U.S. 553, 566 , 103 S. Ct. 916 , 74 L. 2017See South Dakota v. Neville, 459 U.S. 553, 566 , 103 S. Ct. 916 , 74 L.	1	1
State v. Wetherellgreen wash · 1973 · cited in 1 Washington opinions naming this issue, 1996–1996	1	1
State v. Staeheligreen wash · 1984 · cited in 1 Washington opinions naming this issue, 1989–1989	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (42)

Case	Cited	Years
Gonzales v. Department of Licensing green wash · 1989 2 sentences 1991In Gonzales v. Department of Licensing, 112 Wn.2d 890, 896 , 774 P.2d 1187 (1989), the implied consent warnings read to the licensees included the statement that they could obtain additional tests at their own expense. 1991In Gonzales v. Department of Licensing, 112 Wn.2d 890, 896 , 774 P.2d 1187 (1989), the implied consent warnings read to the licensees included the statement that they could obtain additional tests at their own expense.	8	1990–2017
State v. Morales green wash · 2012 2 sentences 2017See Turpin, 94 Wn.2d at 822-24 ; State v. McNichols, 128 Wn.2d 242, 248-51 , 906 P.2d 329 (1995); State v. Morales, 173 Wn.2d 560, 568 , 269 P.3d 263 (2012). 2017See Turpin, 94 Wn.2d at 822-24 ; State v. McNichols, 128 Wn.2d 242, 248-51 , 906 P.2d 329 (1995); State v. Morales, 173 Wn.2d 560, 568 , 269 P.3d 263 (2012).	7	2016–2017
State v. Whitman County District Court green wash · 1986 2 sentences 2016The implied consent warning itself is there to give the accused “the opportunity to make a knowing and intelligent decision whether to submit to an evidentiary breath test.” Whitman County, 105 Wn.2d at 282 . 2016The implied consent warning itself is there to give the accused "the opportunity to make a knowing and intelligent decision whether to submit to an evidentiary breath test." Whitman County, 105 Wn.2d at 282 .	6	1995–2016
State v. Bartels green wash · 1989 2 sentences 1992Second, 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. 1992Second, 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.	5	1989–1995
Miranda v. Arizona green scotus · 1966 2 sentences 2002See CP (Templeton) at 73; CP (Marginean) at 27; CP (Marsh) at 93; CP (Post) at 70. [11] CP (Templeton) at 27; CP (Marginean) at 50; CP (Marsh) at 90; and CP (Post) at 103. [12] Id. [13] Id. [14] The implied consent warning form read: WARNING! 2002See CP (Templeton) at 73; CP (Marginean) at 27; CP (Marsh) at 93; CP (Post) at 70. [11] CP (Templeton) at 27; CP (Marginean) at 50; CP (Marsh) at 90; and CP (Post) at 103. [12] Id. [13] Id. [14] The implied consent warning form read: WARNING!	4	1974–2019
State v. Bostrom green wash · 1995 2 sentences 2016State v. Bostrom, 127 Wn.2d 580, 586 , 902 P.2d 157 (1995) (quoting former RCW 46.20.308(2) (1995)). ¶33 We review the implied consent warning not on a constitutional basis, but rather as a right granted as a matter of grace through the statutory process. 2016State v. Bostrom, 127 Wn.2d 580, 586 , 902 P.2d 157 (1995) (quoting former RCW 46.20.308(2) (1995)). ¶33 We review the implied consent warning not on a constitutional basis, but rather as a right granted as a matter of grace through the statutory process.	4	2009–2016
State v. Trevino green wash · 1995 2 sentences 2009“Failure to give a proper implied consent warning will result in suppression of the results of the [B]reathalyzer test.” State v. Trevino, 127 Wn.2d 735, 747 , 903 P.2d 447 (1995). ¶9 It is uncontested that Officer Vojir read Elkins the standard Washington State Patrol (WSP) implied consent warnings. 2009“Failure to give a proper implied consent warning will result in suppression of the results of the [B]reathalyzer test.” State v. Trevino, 127 Wn.2d 735, 747 , 903 P.2d 447 (1995). ¶9 It is uncontested that Officer Vojir read Elkins the standard Washington State Patrol (WSP) implied consent warnings.	4	1999–2009
Thompson v. Department of Licensing green wash · 1999 2 sentences 2011Thompson, 138 Wn.2d at 797 n.8. 2011Thompson, 138 Wash.2d at 797 n. 8, 982 P.2d 601 .	3	2001–2011
Gibson v. Department of Licensing green washctapp · 1989 2 sentences 2002App. 188 , 773 P.2d 110 (1989), the driver argued that his license should not be revoked for refusal to take the breath test because a mental illness rendered him incapable of understanding the implied consent warning and the consequences of noncompliance. 2002For example, in Gibson v. Dep't of Licensing, 54 Wash.App. 188 , 773 P.2d 110 (1989), the driver argued that his license should not be revoked for refusal to take the breath test because a mental illness rendered him incapable of understanding the implied consent warning and the consequences of noncompliance.	3	1994–2002
City of Spokane v. Holmberg green washctapp · 1987 2 sentences 1999More recently, in State v. Storhoff, 133 Wash.2d 523, 532 , 946 P.2d 783 (1997) (overruling City of Spokane v. Holmberg, 50 Wash.App. 317 , 745 P.2d 49 (1987), review denied, 110 Wash.2d 1013 (1988)), we held "in the absence of actual prejudice to the Defendants, the incorrect DOL notices do not invalidate the revocation of the Defendants' licenses, or otherwise preclude their prosecution for driving while license revoked." As the hearing examiner held, the implied consent warnings Thompson received were in fact not confusing or misleading. 1999More recently, in State v. Storhoff, 133 Wash.2d 523, 532 , 946 P.2d 783 (1997) (overruling City of Spokane v. Holmberg, 50 Wash.App. 317 , 745 P.2d 49 (1987), review denied, 110 Wash.2d 1013 (1988)), we held "in the absence of actual prejudice to the Defendants, the incorrect DOL notices do not invalidate the revocation of the Defendants' licenses, or otherwise preclude their prosecution for driving while license revoked." As the hearing examiner held, the implied consent warnings Thompson received were in fact not confusing or misleading.	3	1990–1999
Moffitt v. City of Bellevue neutral washctapp · 1997 2 sentences 2016State v. Morales, 173 Wn.2d 560, 567 , 269 P.3d 263 (2012) (citing City of Bellevue v. Moffitt, 87 Wn. 2016State v. Morales, 173 Wn.2d 560, 567 , 269 P.3d 263 (2012) (citing City of Bellevue v. Moffitt, 87 Wn.	2	2016–2016
Jury v. State, Dept. of Licensing green washctapp · 2002 2 sentences 2013App. 726, 731 , 60 P.3d 615 (2002)). ¶14 Martin contends that the implied consent warnings were misleading because they implied a lesser sanction to his commercial driving privilege than is mandated by law. 2011Jury, 114 Wash.App. at 732 , 60 P.3d 615 ; Clyde Hill v. Rodriguez, 65 Wash.App. 778, 784-85 , 831 P.2d 149 (1992). ¶ 14 Here, the implied consent warnings Garden read to Lynch contained all the statutorily required warnings under RCW 46.20.308 as well as an additional warning regarding CDL disqualification.	2	2011–2013
Jury v. Department of Licensing neutral washctapp · 2002 2 sentences 2013App. at 706 (quoting Jury v. Dept ofLicensing, 114 Wn.App. 726, 731 , 60 P. d 615 (2002)). 3 Martin contends that the implied consent warnings were misleading because they implied a lesser sanction to his commercial driving privilege than is mandated by law. 2011Jury, 114 Wash.App. at 732 , 60 P.3d 615 ; Clyde Hill v. Rodriguez, 65 Wash.App. 778, 784-85 , 831 P.2d 149 (1992). ¶ 14 Here, the implied consent warnings Garden read to Lynch contained all the statutorily required warnings under RCW 46.20.308 as well as an additional warning regarding CDL disqualification.	2	2011–2013
Allen v. Department of Licensing neutral washctapp · 2012 2 sentences 2013App. 304 , 279 P.3d 963 (2012), we hold that the implied consent warnings given to Martin were not inaccurate or misleading and that Martin has not shown actual prejudice. 2013App. 697 ,262 P3d Department 65 (2011)and Division One's decision Allen v. Department ofLicensing, 169 Wn.App. 304 ,279 P. d 963 (2012), hold that the implied consent warnings given to Martin were not inaccurate 3 we and that Martin has not shown actual prejudice.	2	2013–2013
Town of Clyde Hill v. Rodriguez green washctapp · 1992 2 sentences 2011Jury, 114 Wash.App. at 732 , 60 P.3d 615 ; Clyde Hill v. Rodriguez, 65 Wash.App. 778, 784-85 , 831 P.2d 149 (1992). ¶ 14 Here, the implied consent warnings Garden read to Lynch contained all the statutorily required warnings under RCW 46.20.308 as well as an additional warning regarding CDL disqualification. 2011Jury, 114 Wash.App. at 732 , 60 P.3d 615 ; Clyde Hill v. Rodriguez, 65 Wash.App. 778, 784-85 , 831 P.2d 149 (1992). ¶ 14 Here, the implied consent warnings Garden read to Lynch contained all the statutorily required warnings under RCW 46.20.308 as well as an additional warning regarding CDL disqualification.	2	2011–2011
Pattison v. Department of Licensing neutral washctapp · 2002 2 sentences 2010Id. 2010Id.	2	2010–2010
State v. Osman green washctapp · 2008 2 sentences 2010The record also shows that because Osman exercised his right to an attorney after [the arresting officer] read the Miranda warnings, he understood those rights." Osman, 147 Wash.App. at 882 , 197 P.3d 1198 . 2010The record also shows that because Osman exercised his right to an attorney after [the arresting officer] read the Miranda warnings, he understood those rights.” Osman, 147 Wn.	2	2010–2010
State v. O'Neill green wash · 2003 2 sentences 2006State v. O'Neill, 148 Wash.2d 564, 571 , 62 P.3d 489 (2003). ¶ 18 We conclude that Officer Huber had the statutory authority to obtain a blood sample without Kim's consent, and the trial court properly denied Kim's motion to suppress the results of the WSTL's blood alcohol test. 2. 2006State v. O’Neill, 148 Wn.2d 564, 571 , 62 P.3d 489 (2003). ¶18 We conclude that Officer Huber had the statutory authority to obtain a blood sample without Kim’s consent and the trial court properly denied Kim’s motion to suppress the results of the WSTL’s blood alcohol test. 2.	2	2006–2006
State v. O'NEILL green wash · 2003 2 sentences 2006State v. O'Neill, 148 Wash.2d 564, 571 , 62 P.3d 489 (2003). ¶ 18 We conclude that Officer Huber had the statutory authority to obtain a blood sample without Kim's consent, and the trial court properly denied Kim's motion to suppress the results of the WSTL's blood alcohol test. 2. 2006State v. O’Neill, 148 Wn.2d 564, 571 , 62 P.3d 489 (2003). ¶18 We conclude that Officer Huber had the statutory authority to obtain a blood sample without Kim’s consent and the trial court properly denied Kim’s motion to suppress the results of the WSTL’s blood alcohol test. 2.	2	2006–2006
Fritts v. Department of Motor Vehicles green washctapp · 1971 2 sentences 2000In a license revocation case, this court specifically noted that the arrest triggering the statute may be for “any offense.” Fritts v. Dep’t of Motor Vehicles, 6 Wn. 2000In a license revocation case, this court specifically noted that the arrest triggering the statute may be for " any offense." Fritts v. Dep't of Motor Vehicles, 6 Wash. App. 233, 238 , 492 P.2d 558 (1971).	2	2000–2000
Broom v. Department of Licensing green washctapp · 1994 2 sentences 1998The court further stated: [I]t is the existence of a certified report, not its contents, that confers jurisdiction on DOL and ... the use of summary language in a report is adequate, so long as it sets forth the information required by RCW 46.20.308(6).... [W]e do not suggest that a report containing a significant variation from or an omission of the information required under RCW 46.20.308(6) would be adequate to confer jurisdiction.... 72 Wash.App. at 503-04 , 865 P.2d 28 . 1998The court further stated: [I]t is the existence of a certified report, not its contents, that confers jurisdiction on DOL and . . . the use of summary language in a report is adequate, so long as it sets forth the information required by RCW 46.20.308(6). . . . [W]e do not suggest that a report containing a significant variation from or an omission of the information required under RCW 46.20.308(6) would be adequate to confer jurisdiction .... 72 Wn.	2	1998–1998
State v. McNichols green wash · 1995 1 sentence 2017See Turpin, 94 Wn.2d at 822-24 ; State v. McNichols, 128 Wn.2d 242, 248-51 , 906 P.2d 329 (1995); State v. Morales, 173 Wn.2d 560, 568 , 269 P.3d 263 (2012).	1	2017–2017
State v. McNichols green wash · 1995 1 sentence 2017See Turpin, 94 Wn.2d at 822-24 ; State v. McNichols, 128 Wn.2d 242, 248-51 , 906 P.2d 329 (1995); State v. Morales, 173 Wn.2d 560, 568 , 269 P.3d 263 (2012).	1	2017–2017
State v. Highsmith neutral wash · 2016	1	2016–2016
State v. Lear neutral wash · 2016 1 sentence 2016State v. Murray, 185 Wn.2d 1033 , 377 P.3d 735 (2016). 6 State v. Murray and Robison, No. 92930-1 consol. with No. 92944-1 ANALYSIS The validity of an implied consent warning is an issue of law reviewed de novo.	1	2016–2016
State v. Dempsey green washctapp · 1997	1	2014–2014
In Re Estates of Donnelly green wash · 1972	1	2012–2012
Grewal v. Department of Licensing green washctapp · 2001	1	2012–2012
Thompson v. State Dept. of Licensing green wash · 1999	1	2011–2011
State v. Osman green washctapp · 2008	1	2010–2010
Mayes v. McKeithen green scotus · 1969	1	2008–2008
State v. Storhoff green wash · 1997	1	1999–1999
State v. Storhoff green wash · 1997	1	1999–1999
Department of Motor Vehicles v. Riba green washctapp · 1974	1	1996–1996
State v. Franco green wash · 1982	1	1995–1995
Borger v. Department of Licensing green washctapp · 1988	1	1993–1993
Beeson v. Atlantic-Richfield Co. green wash · 1977	1	1993–1993
State v. Richardson green wash · 1972	1	1992–1992
State v. Parker green washctapp · 1976	1	1987–1987
City of Seattle v. Boulanger neutral washctapp · 1984	1	1987–1987

Statutes the citing opinions construe

WA § Wash. Rev. Code § 46.20.308 (47) WA § Wash. Rev. Code § 46.61.502 (27) WA § Wash. Rev. Code § 46.61.506 (23) WA § Wash. Rev. Code § 46.61.503 (10) WA § Wash. Rev. Code § 46.61.504 (8) WA § Wash. Rev. Code § 46.61.520 (8) WA § Wash. Rev. Code § 46.61.522 (7) WA § Wash. Rev. Code § 46.25.090 (6) WA § Wash. Rev. Code § 46.61.5055 (5) WA § Wash. Rev. Code § 46.20.334 (4) WA § Wash. Rev. Code § 7.16.040 (4) WA § Wash. Rev. Code § 46.20.3101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 126 (1979–2025) PA 95 (1990–2026) IL 74 (1974–2015) WA 54 (1974–2019) MO 50 (1992–2023) MN 46 (1984–2025) FL 21 (1970–2025) TX 20 (1970–2015) WI 14 (1995–2026) OR 13 (1989–2026) SC 12 (1995–2020) TN 11 (1996–2026) OH 10 (1973–2018) IA 10 (2005–2024) SD 9 (1978–2002) CA 9 (1955–2022) AZ 8 (1989–1998) AR 7 (1993–2021) ID 7 (2014–2020) VA 7 (1990–2017) HI 6 (1986–2021) ND 4 (2019–2023) KY 4 (1975–2025) OK 4 (2013–2016) WV 4 (1995–2022) WY 4 (1988–2007) MD 4 (1992–2021) AK 3 (1981–2001) NC 3 (1992–2010) IN 3 (1986–2009) KS 3 (2006–2020) CT 2 (1992–1996) ME 2 (2018–2018) NE 2 (1992–1998) MA 2 (1988–2004) VI 2 (2007–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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