Minor v. Department of Revenue

OPINION

GLENN A. NORTON, Presiding Judge.

Robert Minor appeals the judgment revoking his driving privileges. We reverse and remand.

I. BACKGROUND

The Department of Revenue revoked Minor’s driving privileges under section 577.041 RSMo 20001 for refusing to submit to a breath test. At the review hearing, the arresting officer testified that he encountered Minor at a sobriety checkpoint. The officer testified that after he noticed that Minor’s eyes were glassy and *827that his breath had an odor of alcohol, he gave Minor a portable breath test, which indicated the presence of alcohol.2 The officer…