Bowen v. State, Department of Transportation

VOIGT, Justice.

[T1] In this appeal we review a determination by the Office of Administrative Hearings (OAH) to uphold the suspension of Kevin D. Bowen's (the appellant) driver's license. The only question presented to the OAH was whether the appellant's breath test results were legally obtained, and thus admissible. In finding that the suspension was proper, the OAH relied on a previous decision in the appellant's companion criminal case wherein the cireuit court found that the breath test results were legally obtained. We find, under the doctrine of collateral estoppel, that the OAH's…