Baker v. Schwendiman

The Department of Public Safety revoked plaintiff’s driver’s license pursuant to Utah’s implied consent statute, U.C.A., 1953, § 41-6-44.10. That decision was upheld by the district court after a trial de novo. Plaintiff appeals the judgment of the district court.

At approximately 2:45 a.m. on January 1, 1984, plaintiff was arrested for driving under the influence. It was stipulated at trial that the arresting officer, Jim Smith of the Utah Highway Patrol, had probable cause to make the arrest. Plaintiff was taken to the Millard County Public Safety Building, where the officer explained the…