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BUTLER v. DEPT OF PUBLIC SAFETY AND CORRECTIONS

No. 92-CA-1918.

609 So.2d 790 (1992)

Patrick J. BUTLER v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS.

Supreme Court of Louisiana.

November 30, 1992.

Attorney(s) appearing for the Case

Christopher J. Boudreaux, Lafayette, for applicant.

Paul E. Schexnayder, Baton Rouge, Boudreaux & LaRose, Thibodaux, Richard P. Ieyoub, Atty. Gen., Walter K. Naquin, Jr., Dist. Atty., for respondent.

DENNIS, Justice.

In this case, we consider the constitutionality of that part of Louisiana's Implied Consent Law, La.R.S. 32:667 and 668 which authorizes a driver's license suspension after a motorist is arrested for driving while intoxicated and the motorist's blood alcohol level is found to exceed .10g%. The Department of Public Safety and Corrections has appealed a judgment in favor of the plaintiff, Patrick J. Butler, which reversed the Department's administrative...

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