Client’s revocation was reinstated for a skipped rolling retest and a tamper/circumvent (hand-set disconnect).

The Hearing Officer found his explanation for the missed test and the hand-set disconnect reasonable. The Hearing Officer then proceeded to question alcohol readings from two separate days. Even though these readings did not cause the client’s revocation to be reinstated the Hearing Officer was allowed to ask about them and base his or her decision on them. The first reading was easily explained as an environmental factor; client accidentally sprayed cologne on his hands prior to handling the device. However, the second set of alcohol readings were more problematic. He had 8 alcohol readings over a period of two hours. He did not blow .000 until two hours and fifteen minutes after the first positive test. He provided no alternative test (like an EtG) to prove he had no consumed alcohol. The Hearing Officer based his decision on these 8 alcohol readings.