Donnelly v. Commissioner of Public Safety

OPINION

FOLEY, Judge.

Appellant Guy Mitchell Donnelly’s driving privileges were revoked pursuant to the implied consent law after the testing officer determined he had refused to submit to testing. Appellant petitioned for judicial review, asserting that he did not refuse testing. The trial court sustained the revocation, and he appeals.

FACTS

Officer John Charles Bohl administered an Intoxilyzer test to appellant. While appellant’s first sample showed a reading of .197 and a replicate reading of .202, the second breath sample showed a reading of “invalid sample.” Bohl testified that this…