State, Department of Public Safety v. Hauge

PETERSON, Justice.

Kermit LeRoy Hauge, Jr., sustained a head laceration when he drove his vehicle off the highway on the evening of November 5,1976. He was taken by ambulance to a hospital where, under novocaine anesthesia, his head laceration was sutured. A police officer was dispatched to the emergency room of the hospital to obtain a blood sample from Hauge. The officer read Hauge the statutory implied consent advisory, and Hauge agreed to submit to the blood test. The test results indicated Hauge’s blood contained 0.11 percent by weight of alcohol.

It is stipulated that there was probable…