from the District Court of Burleigh County, South Central
Judicial District, the Honorable Thomas J. Schneider, Judge.
L. Herbel, Bismarck, ND, for appellant.
Michael T. Pitcher, Assistant Attorney General, Bismarck, ND,
Brandon Wade Lindstrom appeals the district court judgment
affirming the hearing officer's decision to suspend
Lindstrom's license for 180 days. We affirm.
On January 28, 2019, Lindstrom was arrested for driving under
the influence and given a chemical breath test which showed
he was over the legal limit for driving. Lindstrom requested
an adminstrative hearing. The hearing officer found the
Highway Patrol Trooper had reasonable grounds to believe
Lindstrom was driving a vehicle while under the influence of
intoxicating liquor, and the Trooper who stopped Lindstrom
forwarded the report and notice form and test results to the
Department of Transportation by placing them in the mail in
an in-house mailing bin on January 29, 2019. The hearing
officer suspended Lindstrom's driving priviledges for 180
days. Lindstrom appealed to the district court which affirmed
the hearing officer's decision. Lindstrom appeals.
"The Administrative Agencies Practice Act, N.D.C.C. ch.
28-32, governs our review of an administrative decision
suspending or revoking a driver's license."
Crawford v. Director, N.D. Dep't of Transp.,
2017 ND 103, ¶ 3, 893 N.W.2d 770. Under N.D.C.C. §
28-32-49, we review an appeal from a district court judgment
in an administrative appeal in the same manner as provided
under N.D.C.C. § 28-32-46, which requires a district
court to affirm an agency order unless it finds any of the
"1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of
3. The provisions of this chapter have not been complied with
in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the
appellant a fair hearing.
5. The findings of fact made by the agency are not supported
by a preponderance of the evidence.
6. The conclusions of law and order of the agency are not
supported by its ...