Miller v. Motor Vehicle Division, Department of Revenue

KELLY, Judge.

Defendant, Motor Vehicle Division of the Colorado Department of Revenue (Division), appeals the trial court judgment reversing its revocation of the driving license of plaintiff, Fred Miller. The Division argues that the trial court erred in finding that the requirements of due process were violated because the hearing officer in dulged a presumption of validity of blood alcohol test results and, thus, did not require sufficient foundation before admitting those results. We reverse.

Following his arrest on a charge of driving under the influence of alcohol, Miller agreed to submit…