State, Department of Public Safety v. Cronin

MORGAN, Justice.

In each case the defendant was involved with the Sioux Falls Police Department on a charge of DWI. For whatever reason, each refused to submit to the chemical blood analysis after the arresting officer had read him his rights from a standard form card, the contents of which substantially comply with the warning requirements of SDCL 32-23-11. Upon subsequent notification of intent to revoke, each petitioned for hearing before a department hearing officer. The officer’s decision in both cases was adverse as evidenced by his entry of orders of revocation.

At this point in the…