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STATE v. VANDERGRIFT

No. 18776.

535 N.W.2d 428 (1995)

STATE of South Dakota, Petitioner and Appellant, v. Gale A. VANDERGRIFT, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 19, 1995.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for petitioner and appellant.

Sean M. O'Brien, Brookings, for defendant and appellee.

SABERS, Justice

Gale Vandergrift was charged with driving under the influence (DUI). She refused a blood alcohol test (BAT) after being advised of the implied consent law. However, a BAT was conducted for medical purposes and released to the State without her consent. The trial court suppressed the results of the BAT after a pre-trial motions hearing and the State petitioned for discretionary appeal. We reverse and remand for further proceedings.

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