In re the Revocation of the Driver License of Petree

South Dakota law provides that all drivers are deemed to consent to a blood/aleohol test requested by a law enforcement officer (SDCL 32-23-10) and penalizes those who refuse the test with the revocation of their driver’s license (SDCL 32-23-11). A driver refusing the blood test can avoid revocation by pleading guilty to driving under the influence of alcohol (DUI) before a revocation order is issued (SDCL 32-23-11.1). A driver whose license is revoked for refusing the blood test may also petition for an administrative hearing on the revocation (SDCL 32-23-11) or may appeal the revocation…