Cowan v. Schwendiman

MEMORANDUM DECISION

Appellant Ronald K. Cowan appeals the judgment of the district court which upheld revocation of his driver’s license under Utah Code Ann. § 41-6-44.10 (1988) for refusal to take a blood-alcohol test. On appeal, appellant argues that because he allegedly “cooperated” in at least three breath test attempts, he substantially complied with the requirement by giving a sufficient breath sample for testing before refusing on a last test attempt. He also argues that due process under the fourteenth amendment of the United States Constitution does not permit a police officer…