Exsted v. Commissioner of Public Safety

OPINION

POPOVICH, Chief Judge.

Appellant’s driving privileges were revoked for refusing to take a breath test, and he petitioned for judicial review. The trial court sustained the revocation. We reverse.

FACTS

Appellant Collin Exsted was arrested for driving while intoxicated on January 6, 1985. He was read the implied consent advisory and agreed to submit to the breath test.

Officer Steven Cobb, a certified Intoxi-lyzer operator, attempted to administer a breath test to appellant. Appellant’s first breath sample was deficient and registered an alcohol concentration reading of .185 as the highest…