Traffic Safety Resource Program - Court of Appeals holds that THC warning must be given prior to breath test

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Court of Appeals holds that THC warning must be given prior to breath test - even if THC cannot be found on breath.

Tuesday, February 16, 2016 2:21 PM | Anonymous

Reversing the Snohomish County District Trial Court, Division One held that the former RCW 46.20.308 requires that the implied consent warning for breath tests must also include the THC warning. If that warning is not included, the breath test must be suppressed.

The full case is here: http://www.courts.wa.gov/opinions/pdf/722603.pdf