Keller v. North Dakota Department of Transportation

KAPSNER, Justice.

[¶ 1] Richard Keller appeals a district court judgment affirming a North Dakota Department of Transportation hearing officer’s decision suspending his driving privileges. Because we conclude the approved method for administering an Intoxilyzer test was not followed and no expert testimony was offered on the effect, if any, of the deviation, we reverse and remand.

I

[¶2] According to the administrative hearing testimony, a Bismarck police officer stopped Keller for driving over a lane-dividing line. The officer noted Keller had glossy, bloodshot eyes, slurred speech, and…