Collier v. Schwendiman

This is an appeal from the district court’s denial of a petition for review of defendant’s order revoking plaintiff’s driving privileges.

The underlying facts of this case are not disputed. On April 12, 1983, plaintiff was arrested for driving under the influence of alcohol. When asked to submit to a breath test, plaintiff refused. Thereafter, his driver’s license was revoked under Utah’s implied consent statute, U.C.A., 1953, § 41-6-44.10. The sole question here presented is whether the test offered (but refused) satisfied the requirements of said statute.

The arresting officer requested…