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VALANDRA v. DEPT. OF COMMERCE & REG.

No. 15906.

425 N.W.2d 400 (1988)

Robert G. VALANDRA and Wayne C. Miller, Petitioners and Appellants, v. STATE of South Dakota, DEPARTMENT OF COMMERCE AND REGULATION, Respondent and Appellee.

Supreme Court of South Dakota.

Decided June 22, 1988.

Attorney(s) appearing for the Case

Catherine G. Ortner of Ortner and Ortner, Hot Springs, for petitioners and appellants.

Richard D. Coit, Asst. Atty. Gen., Roger A. Tellinghuisen, Atty. Gen., on brief, Pierre, for respondent and appellee.

MILLER, Justice.

In this decision we hold that under SDCL 32-23-11.1, in order to avoid revocation of driving privileges for refusal of a chemical test after an arrest for driving while under the influence of alcohol or drugs (DUI), not only must the driver plead guilty to the offense, but the court must accept such plea.

FACTS

Robert G. Valandra (referred to as Valandra or appellant) and Wayne C. Miller (referred to as Miller or appellant) were...

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