Hanlon v. Commissioner of Motor Vehicles

Elmer Hanlon was arrested and charged with driving while intoxicated. Shortly thereafter the Commissioner of Motor Vehicles, acting under authority of the Implied Consent Law, revoked Hanlon's permit to drive for one year for alleged refusal to submit to a blood test following arrest. Hanlon then petitioned the circuit court for a hearing which court determined that petitioner had consented to submit to a blood test and ordered his driver's permit returned. The Commissioner of Motor Vehicles appeals., According to our Implied Consent Law (SDC 1960 Supp. 44.0302-2) every operator of a motor…