State v. Magoon

After observing erratic operation of a motor vehicle on U.S. Route 2, between Barre and Montpelier, two officers of the Vermont State Police followed and later apprehended the respondent in Montpelier on January 18, 1969. He appeared to the arresting officers to be under the influence of intoxicating liquor and was taken to the nearest state police barracks for examination.

The respondent, while in custody, was afforded due and proper warning of his right to counsel and to remain silent. The substance and effect of the provision of the implied consent law (23 V.S.A. §§ 1188-1194) were…