Mees v. North Dakota Department of Transportation

MARING, Justice.

[¶ 1] The North Dakota Department of Transportation appeals from the district court’s judgment reversing the administrative hearing officer’s decision to suspend Timothy Mees’s driving privileges for ninety-one days for driving under the influence of alcohol. We conclude a reasoning mind reasonably could have concluded the hearing officer’s finding that the officer who administered the Intoxilyzer ascertained that Mees did not have anything to eat, drink, or smoke for twenty minutes prior to the Intoxilyzer test is supported by the weight of the evidence on the entire record.…