Kahl v. North Dakota State Highway Commissioner Civil No. 870008

Gierke, Justice.

Russell Lee Kahl (Kahl) appeals from a determination by the North Dakota State Highway Commissioner (Highway Commissioner), through its administrative procedure, to revoke Kahl's driving privileges for a period of one year for refusing to submit to an offered blood-alcohol test. The decision was appealed by Kahl to district court and the Honorable Benny Graff affirmed the decision of the hearing officer. The instant appeal followed.

After reviewing the record and transcript from Kahl's administrative hearing, we affirm the decision of the administrative hearing officer pursuant to Rule 35.1(a)(5), N.D.R.App.P.

H.F. Gierke III
Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke
Ralph J. Erickstad, C.J.