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BRANDT v. N.D. STATE HIGHWAY COMM'R

Civ. No. 11353.

409 N.W.2d 645 (1987)

Herman D. BRANDT, Petitioner and Appellant, v. NORTH DAKOTA STATE HIGHWAY COMMISSIONER, Respondent and Appellee.

Supreme Court of North Dakota.

July 28, 1987.

Attorney(s) appearing for the Case

Hjellum, Weiss, Nerison, Jukkala, Wright & Paulson, Jamestown, for petitioner and appellant; argued by James A. Wright.

Robert E. Lane, Asst. Atty. Gen., North Dakota State Highway Dept., Bismarck, for respondent and appellee.

MESCHKE, Justice.

Herman D. Brandt appeals from a district court judgment upholding suspension of his driver's license. We affirm.

Brandt was arrested for driving while under the influence ("DUI") and given an Intoxilyzer test at the Cooperstown police station. The test showed a blood alcohol level of 0.17 percent. As a result, Brandt's license was taken and he was given a temporary permit.

After a hearing the State Highway Commissioner suspended Brandt...

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