O'Rourke v. Motor Vehicle Division, Department of Revenue

BABCOCK, Judge.

Acting pursuant to the express consent statute, § 42-4-1202, C.R.S. (1984 Repl. Vol. 17), the Department of Revenue revoked the driver’s license of Mary Elizabeth O’Rourke. On review, the district court reversed that revocation, and the Department appeals. We affirm.

O’Rourke was involved in an accident in Aurora and taken to a hospital. An Aurora police officer who arrived at the hospital testified that he approached O’Rourke, who was lying immobilized on an emergency room table, and detected the odor of an alcoholic beverage on her breath. The officer testified that he advised…