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STATE v. VANDERGRIFT

No. 19403.

558 N.W.2d 862 (1997)

1997 SD 5

STATE of South Dakota, Plaintiff and Appellee, v. Gale A. VANDERGRIFT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 22, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, for plaintiff and appellee.

Sean M. O'Brien, Brookings, for defendant and appellant.

AMUNDSON, Justice.

[¶ 1] Gail A. Vandergrift appeals from an intermediate order admitting blood test results. We reverse.

FACTS

[¶ 2] Vandergrift was charged with driving while under the influence (DUI) in violation of SDCL 32-23-1(1) or (2). She refused a blood alcohol test (BAT) after being advised of the implied consent law. A BAT was conducted for medical purposes, however.

[¶ 3] In State v. Vandergrift, ...

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