Soval v. Director of Revenue

RIEDERER, Judge.

The Director of Revenue (“Director”) appeals from the circuit court’s judgment setting aside the Director’s revocation of Respondent’s driving privileges. Because we find that the Director established by a preponderance of the evidence that: (1) the authorities had probable cause to arrest the petitioner for driving while intoxicated; and (2) at the time of arrest, the petitioner’s blood alcohol content was at least .10 percent, the judgment is reversed, and this matter is remanded for a new trial.

Factual and Procedural History

On August 25, 1995, a Morgan County deputy…