STATE v. BUNNELL

No. 13346.

324 N.W.2d 418 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Derald D. BUNNELL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 22, 1982.


Attorney(s) appearing for the Case

Mikal Hanson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Albert Steven Fox of Larson, Sundall, Larson & Schaub, Chamberlain, for defendant and appellant.


HENDERSON, Justice.

Appellant was tried before a jury and found guilty of driving while intoxicated in violation of SDCL 32-23-1. He appeals from his conviction. We reverse and remand.

On August 9, 1980, a police officer arrested appellant for driving while intoxicated. The officer requested appellant to submit to a blood test and advised him of the implied consent law as it had been in effect prior to July 1, 1980. The officer failed to advise appellant that...

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