Topic: the choice to submit to or refuse the test is not a constit… · Go Syfert
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Topic #14641

7 canonical passages across 7 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Bostrom.

#Case FlagCanonical passage Citers
1 State v. Bostrom Anchor
wash · 1995
green “the choice to submit to or refuse the test is not a constitutional right, but rather a matter of legislative grace.” 7
2 State v. Zwicker
wash · 1986
green “attaching penalties to the exercise of the statutory right of refusal is not inherently coercive where the legislature could withdraw this privilege altogether.” 5
3 State v. Whitman County District Court
wash · 1986
green “the courts of this state have not addressed the warning requirements of the implied consent law on a constitutional basis, but rather as rights granted through the statutory process.” 3
4 State v. Long
wash · 1989
green “since the right to refuse to submit to a breath test is a matter of legislative grace, the legislature may condition that right by providing that a refusal may be used as evidence in a criminal proceeding.” 3
5 State v. Patton
wash · 2009
green “carefully drawn and jealously guarded exceptions.” 3
6 State v. Garcia-Salgado
wash · 2010
green “generally requires the production of alveolar or 'deep lung' breath,” 3
7 State v. Gauthier
washctapp · 2013
green “if the district court is correct that the effect of mcneely is to effectively eliminate implied consent breath testing, admitting refusal evidence or imposing refusal penalties does violate the fourth amendment and article 1, section 7.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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