Ontiveros v. Arizona Department of Transportation

OPINION

HATHAWAY, Chief Judge.

The state appeals from a superior court decision overturning a finding by a Department of Transportation (DOT) hearing officer that appellee had refused to submit to a breath test.

Appellee was stopped by a Department of Public Safety (DPS) officer because his vehicle was weaving over the white line. He failed a field sobriety test, was arrested and taken to the Globe Sheriff's office where the officer attempted to administer an intoxilyzer test. The officer testified at the DOT hearing that appellee blew small puffs of breath into the machine and refused to give a…