South Dakota Supreme Court upholds state revocation of driver's commercial license in DUI case
Justice Patricia DeVaney: Preliminary breath test does not satisfy state law
A driver who holds a commercial driver’s license must submit to a blood draw or chemical analysis even if that person already provided police with a breathalyzer test, the South Dakota Supreme Court has ruled.
Failure to do so allows the Department of Public Safety to revoke that person’s commercial driver’s license, the Court decided in a 5-0 decision.
The decision was a victory for the Department of Public Safety, and it also reversed a lower court decision in favor of the driver in the case, Donald Blazer. The department’s decision had been upheld in an administrative hearing, but a circuit court judge sided with Blazer.
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