Rist v. North Dakota Department of Transportation

YANDE WALLE, Chief Justice.

[¶ 1] The North Dakota Department of Transportation (“Department”) appealed from a district court judgment 1 reversing an administrative hearing officer’s decision to suspend Robert Rist’s driving privileges for 91 days. We reverse the district court judgment and reinstate the suspension of Rist’s license.

I

[¶ 2] In June 2002, at around 1:00 a.m., a Burleigh County deputy sheriff noticed a pickup parked in an area south of Bismarck by a boat dock. The deputy observed Rist “slumped behind the [steering] wheel with his chin in his chest.” The deputy parked his vehicle…