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NESIUS v. STATE DEPT. OF REVENUE & TAX.

No. 89-188.

791 P.2d 939 (1990)

Anthony M. NESIUS, Appellant (Petitioner), v. STATE of Wyoming DEPARTMENT OF REVENUE AND TAXATION, MOTOR VEHICLE DIVISION, Appellee (Respondent).

Supreme Court of Wyoming.

March 15, 1990.

Attorney(s) appearing for the Case

Robert T. Moxley of Whitehead, Gage & Davidson, P.C., Cheyenne, for appellant.

Joseph B. Meyer, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., Kristin H. Lee, Sr. Asst. Atty. Gen., Cheyenne, for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

GOLDEN, Justice.

The appellant (Nesius) was arrested on the evening of February 4, 1988, for driving while under the influence (DWUI). At some point after his arrival at the jail that evening, Nesius was asked to take a breath test.1 He refused to take the test and his driver's license was suspended.2 Nesius received a hearing to contest the suspension;

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