Carey v. Director of Revenue

ROBERT G. DOWD, JR., Judge

The Director of Revenue appeals from the judgment reinstating the driving privileges of Randal Carey, which were suspended after his arrest for driving while intoxicated. The Director argues that the trial court erred in excluding from evidence the breath test results showing Carey’s blood alcohol content (“BAC”) was over the legal limit. We reverse and remand.

On June 6, 2015, Carey was arrested for driving while intoxicated after a traffic stop, during which he performed poorly on field sobriety tests, displayed some indicia of intoxication and told the arresting…