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COLWILL v. STATE

No. 11992.

261 N.W.2d 415 (1977)

Teben COLWILL, Appellant and Petitioner, v. STATE of South Dakota, DEPARTMENT OF PUBLIC SAFETY, Respondent.

Supreme Court of South Dakota.

December 30, 1977.

Attorney(s) appearing for the Case

Arlie J. Brende, of Braithwaite & Cadwell, Sioux Falls, for appellant and petitioner.

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

WOLLMAN, Justice.

After being arrested on May 31, 1975, on a charge of driving while intoxicated in violation of SDCL 32-23-1, an arrest that appellant concedes was validly made upon probable cause, appellant refused to submit to a chemical test after being advised fully by the arresting officer of his rights under the implied consent statute. Upon receiving notice of intention to revoke driver's license from the Department of Public Safety, appellant requested a...

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