Schade v. Department of Transportation

OPINION

ESPINOSA, Judge.

The state appeals from a superior court order reversing the Department of Transportation’s (DOT) suspension of appellee Michael Schade’s driver’s license for refusing to submit to a requested test, after he had already submitted to a breath test to determine his blood alcohol content (BAC). We reverse the superior court and reinstate the ruling of the DOT hearing officer.

The evidence at Schade’s license suspension hearing established that on July 31, 1991, Safford, Arizona police and fire departments responded to a vehicular fire at a town intersection. Officers Hinton…