Exact wording of driver’s consent to DUI breath test not required for officer to meet burden

In contesting his license suspension, a driver argued that the results of the state-administered breath test should not be considered because the arresting officer could not recall the exact words used to obtain the driver’s consent for the test. The Court rejected this argument, concluding instead that a witness who cannot recollect the exact words of a conversation can still relate their substance. Because the officer established a prima facie case by recalling that consent had been given, the burden then fell on the driver to provide evidence to the contrary. As this evidence was not presented, the Judge upheld the license suspension.