Kozak v. Commissioner of Public Safety

OPINION

FOLEY, Judge.

This is an appeal from revocation of driver’s license for refusal to submit to alcohol testing. The trial court found the driver was in physical control of the vehicle while under the influence of alcohol. We affirm.

FACTS

Deputy Kevin Strand stopped to investigate a car parked on the highway shoulder. He found Joseph John Kozak asleep in the driver’s seat. Strand pounded on the window to awaken Kozak, who fumbled at the ignition, then opened the car door.

Strand noted a strong odor of alcohol as Kozak opened the door. Kozak was confused, unsteady on his feet and his speech…