Orr v. Director of Revenue

SPINDEN, Chief Judge.

The Director of Revenue appeals the circuit court’s judgment reinstating Aaron Michael Orr’s driving license. The director revoked Orr’s driving license after he was arrested for driving while intoxicated on the ground that he refused to take a chemical breath test. The circuit court reinstated Orr’s license because the director did not establish that the breathalyzer machine was “checked by a Type II permit holder within 35 days.” We reverse and remand.

In his sole point on appeal, the director contends that, in a case involving a refusal to submit to a chemical breath…