Whitehouse v. Schwendiman

Petitioner Whitehouse appeals the revocation order of the district court terminating his driving privileges for refusing to submit to an alcohol breath test. U.C.A., 1953, § 41-6-44.10, as amended (Supp. 1986). He claims that because he requested to take the test several minutes after his refusal, the court abused its discretion in ordering his license revoked.

Arrested on August 22, 1985, for drunk driving, petitioner was requested to take the breath test and advised of the consequences of any refusal. He initially agreed to the test, affirming that he had “been through it before.” He was…