Barbeau v. DIR. OF REVENUE, STATE OF MO.

The Director of Revenue (“Director”) appeals the judgment restoring Sheryl Barbeau’s (“Driver”) driving privileges. We reverse and remand with instructions.

I. BACKGROUND

Police arrested Driver for driving under the influence of alcohol. After a breath analysis test showed Driver’s blood alcohol content to be above the legal limit, Driver was notified that her license would be suspended. Driver timely requested an administrative hearing.

After a hearing, the Department of Revenue mailed the hearing officer’s decision to Driver on April 10, 2006, which stated that Driver’s driving privileges were…