Director of Revenue v. Oliphant

SPINDEN, Judge.

The director of the Department of Revenue suspended Jimmie Oliphant’s license to drive pursuant to § 302.5051 after a breath test revealed that Oliphant was driving with a blood alcohol content of more than .10 percent. Although Oliphant agreed to take the breath test, the circuit court ordered that the license be reinstated because a police officer mistakenly gave him the warning typically given to suspected drunk drivers who refuse to submit to a blood test. The director appeals, and we reverse the circuit court’s judgment and remand for a new trial.

Police Officer Kevin Hill…