Andersen v. Director of Revenue

In Andersen v. Director of Revenue, 944 S.W.2d 222, 224 (Mo. App. 1997), the court reversed the circuit court's finding that the director failed to present a prima facie case of driving while intoxicated. Id. The case was remanded with instructions that if the director makes a prima facie case, "the circuit court shall place the burden on Andersen to establish by a preponderance of the evidence that his BAC was less than .10%..." Id.