Renck. It should be noted that while the defense can argue because of the Gallion decision that the hearing officer’s decision might be erroneous, they have to demonstrate no supporting evidence for the revocation exists or else the hearing officer’s finding is binding. Supporting evidence for the revocation is present in that during the traffic stop Ms. Loop made various attempts to delay with repeated questions as she did when the phlebotomist was present with her multiple queries and request for the bathroom. The questions to the phlebotomist were attempts to delay as he answered her questions regarding HIPAA and HIPAA was included in the release form she had before her. Even with her repeated assurances that she was not refusing the test, the frequency of the questions alongside the random and sudden desire to use the restroom topped off by implying the phlebotomist was lying to her was enough for the phlebotomist to be too flustered with the situation to administer the blood test. Given Officer Belz’s traffic stop interaction with Ms. Loop, it does not appear that Officer Belz lightly construed her actions as a refusal since she profoundly frustrated the
Renck. It should be noted that while the defense can argue because of the Gallion decision that the hearing officer’s decision might be erroneous, they have to demonstrate no supporting evidence for the revocation exists or else the hearing officer’s finding is binding. Supporting evidence for the revocation is present in that during the traffic stop Ms. Loop made various attempts to delay with repeated questions as she did when the phlebotomist was present with her multiple queries and request for the bathroom. The questions to the phlebotomist were attempts to delay as he answered her questions regarding HIPAA and HIPAA was included in the release form she had before her. Even with her repeated assurances that she was not refusing the test, the frequency of the questions alongside the random and sudden desire to use the restroom topped off by implying the phlebotomist was lying to her was enough for the phlebotomist to be too flustered with the situation to administer the blood test. Given Officer Belz’s traffic stop interaction with Ms. Loop, it does not appear that Officer Belz lightly construed her actions as a refusal since she profoundly frustrated the