FRANKLIN v. DEPT. OF REVENUE, MOTOR VEH. DIV.

No. 85CA1391.

728 P.2d 391 (1986)

Daniel FRANKLIN, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

September 25, 1986.


Attorney(s) appearing for the Case

Harold M. Fielden, Boulder, for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Steven M. Bush, Asst. Atty. Gen., Denver, for defendant-appellant.


METZGER, Judge.

The Department of Revenue (Department) appeals from a district court judgment reversing the revocation of Daniel Franklin's driver's license. We reverse.

Franklin was arrested for driving a vehicle while intoxicated in violation of § 42-4-1202(1.5), C.R.S. (1984 Repl. Vol. 17). He agreed to take a blood test, and the blood sample was determined to contain 0.189 grams of alcohol per hundred milliliters of blood, subjecting Franklin's license...

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