State v. Buckingham

WOLLMAN, Justice.

Defendant was found guilty by a jury on a charge of driving while intoxicated. He appeals from the judgment of conviction, contending that the trial court should not have admitted the results of a breathalyzer test because the investigating officer had failed to place him under formal arrest, had failed to request that he submit to such a test, and had failed to advise him of his right to refuse to submit to such test and of the consequences of such refusal. We reverse.

At approximately 12:45 a.m., July 28,1974, Officer M. R. Collins of the South Dakota Highway Patrol received…