Duckworth v. Director of Revenue

MARY K. HOFF, Judge.

The Director of Revenue (Director) appeals from the trial court’s judgment reinstating the driving privileges of Harmon W. Duckworth (Driver) which Director had suspended following Driver’s arrest for driving while intoxicated. We reverse and remand.

On February 18, 1997, police stopped Driver’s vehicle and performed field sobriety tests after smelling alcohol on Driver’s breath. After poor performance on the field sobriety tests, police concluded Driver was intoxicated. Officer arrested Driver and took him to the police station. Driver then consented to a breath test. The…