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MATTER OF PETREE

No. 18498.

520 N.W.2d 610 (1994)

In the Matter of the Revocation of the Driver License of James L. PETREE.

Supreme Court of South Dakota.

Decided August 17, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Joan Boos Schueller, Asst. Atty. Gen., Pierre, for appellant State of S.D.

Greg Peterman of Dakota Plains Legal Services, Fort Yates, N.D., for appellee James L. Petree.

PER CURIAM.

South Dakota law provides that all drivers are deemed to consent to a blood/alcohol test requested by a law enforcement officer (SDCL 32-23-10) and penalizes those who refuse the test with the revocation of their driver's license (SDCL 32-23-11). A driver refusing the blood test can avoid revocation by pleading guilty to driving under the influence of alcohol (DUI) before a revocation order is issued (SDCL 32-23-11.1). A driver whose license is revoked...

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