Miles v. Wells

Blackburn, Judge.

Charles M. Wells’ driver’s license was suspended for refusing to consent to a state-administered breath test after his arrest for driving under the influence of alcohol. Following a hearing, the administrative law judge (ALJ) upheld the suspension. The superior court reversed the ALJ’s decision, on the ground that Wells was denied his right to have an independent test performed by personnel of his own choosing. The Department of Public Safety appeals from the superior court’s order.

On appeal to this Court, “our duty is not to review whether the record supports the superior…