Chadwick also argues the evidence did not support the hearing officer's finding that he had an odor of alcohol. A reasonable inference from this testimony is that the odor of alcohol came from Chadwick. We conclude the evidence supports the hearing officer's finding that Chadwick had an odor of alcohol. We further conclude a reasoning mind could reasonably determine that the weight of the evidence supports the hearing officer's other findings. We next determine whether the Department's findings of fact support its conclusion that Officer Wilmeth had probable cause to arrest Chadwick.
Probable cause is a question of law, fully reviewable on appeal.
We, therefore, do not defer to the hearing officer's conclusion on probable cause. The officer does not need knowledge or facts sufficient to establish guilt. The hearing officer found Chadwick did not have a motorcycle license, and further found when Chadwick left the scene of a fight he had been involved in, he accelerated his motorcycle at a high rate of speed, operating it in an erratic manner. We will defer to the hearing officer's findings of fact . . . because we have found them to be supported by a preponderance of the evidence. Driving a vehicle without a license is not lawful.