Hoistad v. Nddot

Summary

The Court reversed the suspension of Hoistad's driving privileges because the trooper repeatedly instructed him to continue blowing after the Intoxilyzer's tone stopped, contrary to the approved testing method. Because that deviation concerned the collection and testing of the breath sample, and the Department offered no expert testimony addressing its effect on accuracy or reliability, the breath-test result was not admissible. The Court denied attorney's fees and costs because the Department acted with substantial justification despite losing.