Gibb v. Dorius

MAUGHAN, Justice:

Here on appeal is a matter having its genesis in the arrest of plaintiff on a charge of driving under the influence of alcohol. The upshot of an alleged refusal of plaintiff to submit to a blood test was an appeal to the district court, from the decision of the trial examiner, revoking plaintiff’s driver’s license.

Upon the appeal of the trial examiner’s ruling, the trial court found that the State had not provided a “duly authorized laboratory technician” to withdraw blood from plaintiff for the purpose of determining the alcoholic content therein. For that reason, the trial…