Assmann v. State, Department of Public Safety

Decision

T1 Shane Assmann appeals the district court's decision following a trial de novo affirming the administrative revocation of his driver license for a period of thirty-six months. We affirm.

2 "A person operating a motor vehicle in this state is considered to have given ... consent to a chemical test of the person's breath, blood, urine or oral fluids...." Utah Code Ann. § 41-6a-520(1)(a) (LexisNexis 2010). The peace officer requesting a test

shall warn a person that refusal to submit to the test or tests may result in revocation of the person's license to operate a motor vehicle ... if…