Haegele v. Commissioner of Public Safety

OPINION

NIERENGARTEN, Judge.

Jacob Haegele appeals from an order of the municipal court sustaining revocation of Haegele’s driver’s license under the implied consent law, alleging the administration of a breathalyzer test did not conform to the procedure necessary to insure reliability of a test indicating an alcohol concentration of .16. We reverse.

FACTS

Haegele was arrested on a DWI charge. His breath test was taken by a certified breathalyzer operator and recorded an alcohol concentration of .16. The operator acknowledged that he was required to follow a 21 point checklist established by the…