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Buchholz v. State Dept. of Transportation2/20/2002
drink, or smoke in the twenty minutes prior to the test satisfies the approved method. See id. at 624 (citing Bickler, 423 N.W.2d at 147-48).
[ ] We conclude the State Toxicologist's approved method does not require test operators to ask subjects if they have anything in their mouths or to check their mouths prior to administering the test. Although test operators are encouraged to take such precautions, the approved method imposes no such requirements, and we decline to amend it by holding that it does. See Kacalek, 580 P.2d at 206. In this case, the evidence established Officer Wahlen continuously observed Buchholz for twenty minutes prior to administering the Intoxilyzer test, during which time she had nothing to eat, drink, or smoke. Buchholz presented no evidence to rebut this. Based on this evidence, the hearing officer could have reasonably concluded the approved method was scrupulously followed. See Houn, 2000 ND 131, 6, 613 N.W.2d 29. Thus, the Department established the Intoxilyzer test was fairly administered and the test results were properly received in evidence.
IV.
[ ] We, therefore, reverse the judgment of the district court and reinstate the hearing officer's suspension of Buchholz's license.
[ ]Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner
Gerald W. VandeWalle, C.J.
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