Valandra v. State, Department of Commerce & Regulation

MILLER, Justice.

In this decision we hold that under SDCL 32-23-11.1, in order to avoid revocation of driving privileges for refusal of a chemical test after an arrest for driving while under the influence of alcohol or drugs (DUI), not only must the driver plead guilty to the offense, but the court must accept such plea.

FACTS

Robert G. Valandra (referred to as Va-landra or appellant) and Wayne C. Miller (referred to as Miller or appellant) were each arrested and charged with DUI on different dates in 1986. Subsequent to their arrest, appellants were each read the standard implied consent…