State, Motor Vehicle Div. v. Dayhoff

We granted certiorari in these consolidated cases to reconcile conflicting holdings of two departments of the court of appeals. See Dayhoff v. Colorado Motor Vehicle Division, 42 Colo. App. 91, 595 P.2d 1051 (1979); McCoy v. Colorado Motor Vehicle Division, 42 Colo. App. 267, 595 P.2d 706 (1979). The issue before both departments was whether the driver’s license revocation provision of the implied consent law, section 42-4-1202(3)(e), C.R.S. 1973, applies to the operator of a motor vehicle who is not driving on a public highway. We hold that the provisions do not apply when the operator is…