Dennis v. State, Department of Administration, Division of Motor Vehicles

OPINION

BOLGER, Justice.

I. INTRODUCTION

A motorist was arrested for driving under the influence of alcohol and submitted to a breath test that indicated his breath alcohol concentration was over the legal limit. The motorist challenged the revocation of his driver's license at a hearing before the Division of Motor Vehicles, arguing that the breath test instrument's calibration was not properly verified. The hearing officer concluded that the scientific director of the Department of Public Safety followed the controlling regulation by providing for this verification to be performed…