Beck v. Cox

STEWART, Justice:

Plaintiff appeals from an order of the district court revoking his driver’s license pursuant to Utah’s Implied Consent Statute, Section 41-6-44.10, U.C.A.1 Plaintiff raises the important issue under that statute of what conduct constitutes a “refusal” to take a blood test so as to warrant the revocation of the license of a person arrested for driving under the influence of alcohol or a drug.

The legislature has provided for the revocation of a driver’s license of a person who refuses to take a blood alcohol test at the request of a police officer. Section 41-6-44.10(a)…