Jason Barnebey v. State of Alaska, Department of Administration, Division of Motor Vehicles

Summary

The court affirmed the revocation of Barnebey’s driver’s license, holding that due process did not require the hearing officer to treat a breath-test result within the testing instrument’s working tolerance as below the statutory limit. Because the revocation statute makes a properly administered chemical-test result dispositive and renders working tolerance irrelevant, the hearing officer properly relied on the .081 result and had substantial evidence supporting the decision. The court vacated the attorney-fee award and remanded because the superior court failed to determine whether Barnebey qualified for protection as a constitutional litigant.