Cullimore v. Schwendiman

OAKS, Justice:

This appeal from the revocation of a driver’s license pursuant to Utah’s implied consent law, U.C.A., 1953, § 41-6 — 44.10, is now moot.

After being arrested for driving under the influence of alcohol, appellant refused to submit to a breathalyzer test when re quested by the arresting officer. Utah’s implied consent statute provides that the Department of Public Safety “shall revoke for one year” the driver’s license of any driver who refuses to submit to such a chemical test. § 41-6-44.10(b). After determining in a hearing that appellant refused the breathalyzer test, the…