Larson v. Schwendiman

Plaintiff appeals the order of the district court revoking his driver’s license for refusal to submit to a chemical test, pursuant to Utah’s Implied Consent Statute, U.C.A., 1953, § 41-6-44.10, as amended.1

Plaintiff was stopped by a Sandy police officer on November 13, 1982, for investigation of drunk driving. After administering field sobriety tests to plaintiff, the offi*245cer decided plaintiff was under the influence of alcohol and arrested him. No Miranda or similar warning was given.2' Plaintiff was asked on several occasions to take a breath test, which he refused to do. The officer…