HANNA, Judge.
This is an appeal from an order setting aside the revocation of respondent's driver's license for refusing to submit to a chemical test. Appellant contends that the trial court erred when it found that respondent was too intoxicated to make a knowing refusal, and that he therefore did not "refuse" to take the test for the purposes of § 577.041, RSMo Supp.1990.
The judgment of the trial court is reversed and remanded.
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