Director of Revenue v. Martin

LOWENSTEIN, Judge.

This case involves a suspension of Martin’s driving privileges for operating a vehicle while intoxicated (a blood alcohol level at .13 of 1%). Sections 302.500 — .540 RSMo 1986. The trial court set aside the administrative suspension, the Director appeals.

The facts basic to the appeal are as follows: Martin ran into a parked car, whose owner followed him and summoned the police. Martin admitted to the responding officer he had been drinking mixed drinks and wine. The officer noted Martin had bloodshot and watery eyes, difficulty in walking, and had a “heavy odor of alcohol.”…