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16 Gonz. L. Rev. 227 (1980-1981)
Criminal Law - Motor Vehicles - A Driver Arrested for Negligent Homicide Has No Right to Refuse a Chemical Test Administered to Determine Alcoholic Blood Content and No Statutory Right to Be Given Notice of the Right to Have an Additional Blood Test Performed

handle is hein.journals/gonlr16 and id is 247 raw text is: CRIMINAL LAW MOTOR VEHICLES A DRIVER ARRESTED FOR NEGLIGENT HOMICIDE HAS No RIGHT TO REFUSE A CHEMICAL TEST ADMINISTERED TO DETERMINE ALCOHOLIC BLOOD CONTENT AND No STATUTORY RIGHT TO BE GIVEN NOTICE OF THE RIGHT TO HAVE AN ADDITIONAL BLOOD TEST PERFORMED. State v. Carranza, 24 Wn. App. 311, 600 P.2d 701 (1979), review denied, 93 Wn. 2d 1006 (1980). In State v. Carranza, the Washington Court of Appeals ruled that the statutory warnings in RCW 46.20.308(1),1 Washington's Implied Consent Law, are not applicable to a defendant charged with negligent homicide by means of a motor vehicle2 Under RCW 46.20.308(1), a driver is deemed to have given consent to a chemi- cal test of the blood or breath if arrested for driving while intoxi- cated. Carranza narrowly construed this statute by holding that a driver arrested for negligent homicide has no right to refuse a test given to determine alcoholic blood content and therefore, no right to be informed that additional, independent tests may be administered. 1. WASH. Rv. CoDE § 46.20.308(1) (1979) provides: Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of RCW 46.61.506, to a chemical test or tests of his breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor. The test or tests shall be administered at the direction of a law enforcement officer having reason- able grounds to believe the person to have been driving or in actual physical con- trol of a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor. Such officer shall inform the person of his right to refuse the test, and of his right to have additional tests administered by any qualified person of his choosing as provided in RCW 46.61.506 .... (emphasis added). 2. Id. § 46.61.520(1) provides in part: When the death of any person shall ensue within three years as a proximate result of injury received by the driving of any vehicle by any person while under the influence of or affected by intoxicating liquor or drugs... the person so operating such vehicle shall be guilty of negligent homicide by means of a motor vehicle.

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