Colman v. Schwendiman

HALL, Chief Justice:

The Utah Department of Public Safety revoked plaintiff William Colman’s driver’s license because of his failure to submit to a breathalyzer test pursuant to Utah’s implied consent statute, U.C.A., 1953, § 41-6-44.10. The district court upheld that decision; plaintiff appeals. We reverse.

Near midnight on May 29, 1981, plaintiff was stopped by the Highway Patrol because of his erratic driving behavior, including allowing his vehicle to drift over the center line several times. When plaintiff rolled down his window to speak to the officer, the officer detected an odor of…