Olson v. North Dakota Department of Transportation

KAPSNER, Justice.

[¶ 1] The North Dakota Department of Transportation appeals from a district court judgment reversing an administrative hearing officer’s decision to suspend Jay Olson’s driving privileges for 180 days for driving under the influence of alcohol. We conclude a reasoning mind reasonably could have concluded the hearing officer’s finding that Olson did not have anything to eat, drink, or smoke during the twenty minutes before the Intoxilyzer test is supported by the weight of the evidence on the entire record. We reverse the district court’s judgment and reinstate the…