Kiecker v. North Dakota Department of Transportation

SANDSTROM, Justice.

[¶ 1] The North Dakota Department of Transportation (“Department”) appeals a district court judgment reversing an administrative hearing officer’s decision to suspend the driving privileges of Tige Kiecker for driving under the influence of alcohol. The central issue of this appeal is whether proof of recalibration of an Intoxi-lyzer after it has been moved is required foundation for the admission of test results from the device. We conclude that it is not, and we therefore reverse the district court judgment and reinstate the hearing officer’s decision.

I

[¶ 2] LaMoure…