Stiers v. Dir. of RevenueAnnotate this Case
Respondent was arrested for driving while intoxicated and agreed to take a breath test on a breath analyzer, which measured a .172-percent blood alcohol concentration (BAC). The Director of Revenue revoked Respondent’s driving privileges based on the results of the breath test. Respondent timely filed a petition for a trial de novo, arguing that her breath test results were invalid because the breath analyzer used in her case was calibrated using only one solution. The trial court agreed with Respondent and excluded the breath test results. As a result, the court concluded that the Director failed to meet the State’s burden of providing sufficient credible evidence that Respondent drove with a BAC above .08 percent. The Supreme Court affirmed, holding that the trial court (1) correctly applied the regulation in place at the time of the breath test; and (2) correctly concluded that the Director failed to lay a proper foundation for the admission of the results of Respondent’s breath test.