Vangilder v. Director of Revenue

CHARLES B. BLACKMAR, Senior Judge.

The respondent driver’s driving privileges were revoked by the Department of Revenue because he tested .22 on an “Intoxylizer” test, well above the limit specified in See. *32502.505-1, RSMo 1994. The circuit court set aside the revocation and the Director of Revenue appeals. We reverse.

The driver was stopped by a police officer during the early morning hours of March 29, 1996 because of erratic driving. He failed field sobriety tests and was asked to submit to an “Intoxylizer 5000” examination, to which he agreed. He was afforded an administrative hearing,…