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BIERNER v. STATE, TAXATION & REV. DEPT.

Nos. 12730, 12814.

831 P.2d 995 (1992)

113 N.M. 696

Betty BIERNER, Plaintiff-Appellant, v. STATE of New Mexico, TAXATION AND REVENUE DEPARTMENT, MOTOR VEHICLE DIVISION, Defendant-Appellee. Alrundus HART, Plaintiff-Appellee, v. STATE of New Mexico, TAXATION AND REVENUE DEPARTMENT, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Court of Appeals of New Mexico.

March 26, 1992.

Attorney(s) appearing for the Case

Mary Y. C. Han, Albuquerque, for plaintiff-appellant Betty Bierner.

Tom Udall, Atty. Gen., Lewis J. Terr, Sp. Asst. Atty. Gen., Taxation and Revenue Dept., Motor Vehicle Div., Santa Fe, for defendant-appellee State of N.M. (No. 12814).

Nancy Hollander, Freedman, Boyd, Daniels, Peifer, Hollander & Guttmann, P.A., Albuquerque, for plaintiff-appellee Alrundus Hart.

Tom Udall, Atty. Gen., Frank D. Katz, Sp. Asst. Atty. Gen., Taxation and Revenue Dept., Santa Fe, for defendant-appellant State of N.M. (No. 12730).

OPINION

HARTZ, Judge.

We have consolidated these two appeals on our own motion because they raise the same question: To revoke a driver's license under the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (Repl.Pamp.1987), does the State have to establish that the licensee's blood alcohol content (BAC) was at least .1 percent by weight at the time the licensee was driving? We hold that it does not. The State needs to prove only that the licensee...

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