Legal Opinion

Swanson v. State, Department of Commerce & Regulation

South Dakota Supreme Court

Decided December 23, 1987No. 15657PublishedCited by 7 opinions

1Opinion of the Court

WUEST, Chief Justice.

Appellant, Leo Swanson, appeals a circuit court decision affirming a State Department of Commerce and Regulation (Department) decision refusing to issue him a restricted driver’s license. We affirm.

On August 2, 1985, appellant was convicted of Driving While Under the Influence of an Alcoholic Beverage (DWI) in violation of SDCL 32-23-1. On April 13, 1986, he was arrested and charged with the second DWI offense. Following the second arrest, he refused a chemical test of his blood under the provisions of the Implied Consent Law. SDCL 32-23-10.

The Department was informed of…

2Cases cited5 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Greenawalt v. Zoning Bd. of Adj. of DavenportSupreme Court of Iowa · 1984
  3. State v. JonesSouth Dakota Supreme Court · 1987
  4. Veach v. Iowa Department of TransportationSupreme Court of Iowa · 1985
  5. Saginaw Valley Trotting Ass'n v. Michigan Racing CommissionerMichigan Court of Appeals · 1978

3Cited by7 opinions

  1. Hautala v. HautalaSouth Dakota Supreme Court · 1988
  2. Americana Healthcare Center v. RandallSouth Dakota Supreme Court · 1994
  3. Hautala v. HautalaSouth Dakota Supreme Court · 1988
  4. Hautala v. HautalaSouth Dakota Supreme Court · 1988
  5. State v. CochrunSouth Dakota Supreme Court · 1989

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