Schlenker v. South Dakota Department of Public Safety

This is an appeal from a circuit court judgment revoking appellant’s nonresident driving privileges. We affirm.

At the time of appellant’s arrest, the arresting officer read to appellant South Dakota’s implied consent warning. SDCL 32-23-10 to 16. The officer asked appellant to submit to a chemical test of his breath. Appellant was also informed of his right to a chemical test by a person of his own choosing. Appellant answered that he would not take the breath test and that he wanted a blood test. The officer agreed to appellant’s request to take the blood test and began to transport him to…