Moser v. North Dakota State Highway Commissioner

*651LEVINE, Justice.

Terry Moser (Moser) appeals from a district court judgment affirming a decision of the North Dakota State Highway Commissioner (Commissioner) to suspend Moser’s driver’s license pursuant to North Dakota Century Code Ch. 39-20. We reverse.

Moser was involved in a one-vehicle rollover accident on September 14, 1984. He was arrested for operating a motor vehicle in violation of NDCC § 39-08-011 or equivalent ordinance. Moser was administered a Breathalyzer test, which indicated a blood alcohol concentration of 0.19 percent by weight. The arresting officer took possession of…