South Dakota Supreme Court

Blow, Respondent v. Commissioner of Motor Vehicles, Appellant

January 27, 196983 S.D. 628

Summary

The South Dakota Supreme Court held that a driver’s request to consult counsel before deciding whether to submit to a chemical blood test does not excuse a refusal under the state’s implied‑consent statute. Accordingly, the trial court’s vacatur of the license revocation was reversed and the case remanded for reinstatement of the revocation.