In Re the Driver's License Revocation of Malone

The South Dakota Department of Commerce and Regulation (Department) appeals from a circuit court judgment reversing Department’s order revoking James A. Malone’s (Malone) driver’s license. We reverse.

Malone was arrested for violating SDCL 32-23-1. He was read the implied consent advisory and asked to take a blood test. Malone refused. Three days later, Department notified Malone of its intent to revoke his driver’s license. That same day, the Pennington County State’s Attorney’s office notified Malone’s attorney that “... Mr. Malone’s DWI charges will not be charged out.” Two months later,…