July 2014

The driver, who was under arrest for driving under the influence (DUI), refused to take the breath test designated by the arresting officer, insisting instead he would only take a blood test.  Refusing to take the test designated by the arresting officer is tantamount to a refusal to submit to chemical testing, even though a […]

During an arrest for driving under the influence (DUI), an arresting officer is only required to read the implied consent warning and is not obligated to ensure that the driver understands the warning. Thus, it is of no consequence that Petitioner claimed she had difficulty understanding the warning because English was not her first language.

The Department of Drivers’ Services did not satisfy its burden of proof because it failed to submit any evidence demonstrating that the state-administered breath test was properly given. Thus, the burden could not shift to the driver to demonstrate her inadequate breath sample was due to a physical impairment, although such a breath sample might

For the purposes of a license suspension hearing, an arresting officer need only submit a copy of the crime lab report to prove that a blood alcohol test was properly administered by an individual possessing a valid permit on an instrument in good working order. The license suspension hearing statute does not require an officer

Suspension of Petitioner’s driver’s license was lifted because Petitioner presented sufficient evidence that she suffered from a physical impairment that limited her ability to provide an adequate breath sample. Thus, her inability to provide a sufficient sample could not be construed as a refusal to submit to the state-administered test.