Danner v. Director of Revenue

FENNER, Chief Judge.

The Director of Revenue appeals from an order of the trial court setting aside the suspension of respondent Adrian Danner’s driving privileges in Missouri.

Respondent was arrested for driving while intoxicated on November 13,1994. A subsequent breath analysis test indicated that he had a blood alcohol concentration, by weight, of .105%. In that respondent’s blood alcohol content equaled or exceeded .10%, his driving privilege was suspended by the Director pursuant to the administrative .10 BAC law, §§ 302.500 — 302.541, RSMo 1994. 1

Respondent requested an administrative…