Washington v. Chelan County Dist. Court

In 2015, a Chelan County deputy sheriff arrested Robert Bowie for driving while under the influence (DUI). Bowie received appropriate RCW 46.20.308 warnings about his right to refuse a breath test, signed the implied consent form, and agreed to take that breath test. But 20 minutes later, just before administering the test, the deputy asked Bowie if he would provide a "voluntary" sample. This time Bowie declined. The State charged Bowie with DUI plus a refusal enhancement. The district court granted Bowie's motion to suppress evidence of his refusal. It ruled that the deputy's statement that the test was "voluntary" was "inaccurate[]" and "potentially" misleading. The Superior Court then denied the State's interlocutory petition for a writ of review. The Washington Supreme Court granted direct review of that decision and affirmed. The Supreme Court held RCW 7.16.040 governed the availability of the writ of review in superior court. This statutory writ of certiorari is an "extraordinary remedy." Superior court review via writ was not available in this case. View "Washington v. Chelan County Dist. Court" on Justia Law