Wellner v. Director of Revenue

BERREY, Presiding Judge.

Appellant appeals the suspension of his driver’s license by the Director of Revenue.

Appellant was stopped at a sobriety check point, arrested and given a breath test on the breathalyzer 5000. He tested .11%.

Wellner raises two points on appeal: 1) that the trial court erroneously admitted inadmissible hearsay evidence without which there was insufficient evidence to establish probable cause to arrest him for DWI, and 2) that the trial court misapplied the law as there was no proper evidentiary foundation to administer the breath test.

The arrest of Wellner was at a…