Werner v. Department of Public Safety

The State appeals from a circuit court judgment reversing the decision of the Department of Public Safety to revoke Richard Werner’s driver’s license for one year. We reverse.

On October 22, 1977, Deputy Steven Johnson of the Moody County Sheriff’s Office arrested Richard Werner for driving while intoxicated after observing Werner’s erratic driving and having Werner perform field sobriety tests. Deputy Johnson radioed Deputy William Baer for assistance and drove Werner to Flandreau, where they met Deputy Baer.

Deputy Johnson asked Deputy Baer to get into the back seat of the squad car with…