Richter v. North Dakota Department of Transportation

MARING, Justice.

[¶ 1] The North Dakota Department of Transportation (“Department”) appeals from a district court judgment reversing an administrative hearing officer’s decision to suspend Matthew Richter’s driver’s license for 365 days for being in actual physical control of a motor vehicle while under the influence of alcohol. We conclude a police officer’s actions in this case did not violate the Fourth Amendment of the United States Constitution. We reverse the judgment and remand for reinstatement of the hearing officer’s decision.

I

[¶ 2] At about 1:24 a.m. on January 8, 2009, a Mandan…