Greaves v. North Dakota State Highway Commissioner

VANDE WALLE, Justice.

This is an appeal from the judgment affirming the State Highway Commissioner’s decision to revoke the driver’s license of Jeffrey Greaves for violation of Section 39-08-01 of the North Dakota Century Code. Because we conclude that the blood test was inadmissible, we reverse.

On September 27, 1987, Greaves was stopped by Gregory Sinclair of the North Dakota Highway Patrol. Greaves was placed under arrest and taken to the Divide County sheriff’s office. While at the sheriff’s office, Greaves submitted to two In-toxilyzer tests and one blood-alcohol-content test. The first…