Schirado v. North Dakota State Highway Commissioner

LEVINE, Justice.

This is an appeal by Jerome M. Schirado from a district court judgment affirming the North Dakota State Highway Commissioner’s suspension of his driving privileges pursuant to North Dakota Century Code ch. 39-20. We reverse.

Schirado was arrested for driving while under the influence of intoxicating liquor. He was given two tests on the Intoxilyzer device to determine his blood alcohol concentration. Due to faulty operation of the Intoxilyzer, the first test was not completed and consequently, the results were not recorded. The second test recorded Schira-do’s blood alcohol…