110 Wash. 2d 183 - State v. Brayman’s Empirical Analysis
1988
Citation profile
120 state decisions
How this case has been cited
Cited by 122 later decisions — most recently April 2024 · most notably 116 Wash. 2d 342 - Rozner v. City of Bellevue (1991), 117 Wash. 2d 263 - State v. Smith (1991)
120 state decisions — followed in 14 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. O'Brien · Morissette v. United States · Plyler v. Doe · Hunter v. Underwood · Clark v. Community for Creative Non-Violence
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state: (a) And the person has 0.10 grams or more of alcohol per two hundred ten liters of breath within two hours after driving, as shown by analysis of the person's breath made under RCW 46.61.506; or (b) And the person has 0.10 grams or more by weight of alcohol in the person's blood within two hours after driving, as shown by analysis of the person's blood made under RCW 46.61.506; or (c) While the person is under the influence of or affected by intoxicating liquor or any drug; or (d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.”
5 later decisions quote this exact passage“and the party challenging it bears the burden of proving it unconstitutional beyond a reasonable doubt.”
5 later decisions quote this exact passage“Although the record demonstrates that breath alcohol levels may not accurately represent blood alcohol levels in particular individuals, this evidence alone does not establish that the breath alcohol standard falls more harshly on women as a class. Respondents bear the burden of showing that the Legislature's decision to use a breath alcohol standard to prove impairment falls more harshly on women. Here, no studies have been made of the differences in blood-breath ratios between men and women. At best the record shows that the [standard used] may have a hypothetical disparate impact on women.”
3 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.