Walls v. Driver & Motor Vehicle Services

*103EDMONDS, J.

Driver and Motor Vehicles Services (DMV) appeals the circuit court’s judgment vacating its order suspending petitioner Walls’ driving privileges because of his refusal to take an Intoxilyzer breath test for blood alcohol content. In this administrative proceeding, the administrative law judge (ALJ) ruled that Walls had consented to perform field sobriety tests and had had an opportunity to consult with counsel before deciding whether he would submit to the breath test. On review, the circuit court reversed the ALJ’s rulings. The state appeals, and we review the ALJ’s decision for…