Frost v. North Dakota Department of Transportation

MESCHKE, Justice.

The North Dakota Department of Transportation appeals from a district court judgment reversing the Department’s decision to suspend Timothy Allen Frost’s driving privileges. The court held that the Intoxilyzer test record was not satisfactorily authenticated. We hold that the test record was sufficiently identified, and we reverse the district court judgment and reinstate the Department action.

Sgt. Keith Witt of the Bismarck Police Department arrested Frost for driving under the influence. At the police station, Frost consented to an Intoxilyzer breath test. The test was…