Ontiveros v. Arizona Department of Transportation

Appellee was stopped by a Department of Public Safety (DPS) officer because his vehicle was weaving over the white line. He failed a field sobriety test, was arrested and taken to the Globe Sheriffs office where the officer attempted to administer an intoxilyzer test. The officer testified at the DOT hearing that appellee blew small puffs of breath into the machine and refused to give a full steady breath sufficient to cause the machine to print the result on the printout card. The officer cited appellee for refusing to take the test. Appellee requested a hearing. At the hearing, the DPS officer and appellee, who was represented by counsel, testified. A transcript of the testimony is part of the record. The hearing officer made findings of fact and conclusions of law and determined that appellee had refused to take the test. On appeal, the superior court reversed the hearing officers decision.