Kuznicki v. Arizona Department of Transportation

OPINION

LIVERMORE, Presiding Judge.

Appellee, Kenneth Kuznicki, was arrested for driving while intoxicated. He was given the opportunity to take a breath test five times. On each occasion, he blew out the side of his mouth despite instructions not to do so. On one occasion, however, a reading was obtained although the machine characterized the breath sample as "deficient.” The arresting officer then told appellee that he would be treated as having refused the test. The officer also charged appellee with driving with a blood alcohol level in excess of .10. At the administrative hearing to revoke…