Abernathey v. Department of Transportation

KAPSNER, Justice.

[¶ 1] Dean Allan Abernathey appeals from a judgment affirming the Department of Transportation’s suspension of his driver’s license for being in actual physical control of a vehicle while under the influence of alcohol. Because we conclude the Department correctly determined a law enforcement officer did not violate Aberna-theys Fourth Amendment rights, we affirm the judgment.

I

[¶ 2] At approximately 3:00 a.m. on June 10, 2008, Bottineau County Deputy Sheriff Matthew Keesler received a call from dispatch at his home in Westhope informing him that people were causing a…