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STUMPF v. COLORADO DEPARTMENT OF REVENUE

No. 08CA1036.

231 P.3d 1 (2009)

Richard Thomas STUMPF, Petitioner-Appellee, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Respondent-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 4, 2009.

Attorney(s) appearing for the Case

Michael L. Griffith, P.C., Michael L. Griffith, Fort Collins, Colorado, for Petitioner-Appellee.

John W. Suthers, Attorney General, Ana C. Bowman, Assistant Attorney General, Denver, Colorado, for Respondent-Appellant.

Opinion by Judge CONNELLY.

A statute requires the Colorado Department of Revenue to revoke the licenses of suspected drunk drivers who refuse blood or breath testing. The district court held the statute does not allow revocation unless a test request is made within two hours of driving a vehicle. We disagree. The statute requires only that a request be made within a reasonable time. We therefore reverse the district court, and uphold the Department's order revoking...

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