Department of Revenue, Division of Motor Vehicles, Petitioner/cross-Respondent v. Brian Rowland…

Summary

The court held that a blood-alcohol-content test report from a private laboratory was not an affidavit subject to the statutory requirement that affidavits from non-law-enforcement sources be sworn under penalty of perjury. Reading the revocation statute as a whole, the court concluded that hearing officers may consider such reports when they are sufficiently reliable and probative, consistent with relaxed administrative evidentiary standards and due process. The court reversed the court of appeals and remanded with instructions to affirm the hearing officer's revocation decision.