Halter v. Department of Revenue of the State, Motor Vehicle Division

Opinion by

Judge METZGER.

Plaintiff, Peter Halter, appeals from the district court judgment affirming the revocation of his driver’s license by the Department of Revenue for refusing to submit to testing as required by the express consent law. We affirm.

The record reveals the following facts. On November 24, 1990, at approximately 11:48 p.m., plaintiff was stopped for speeding, and a “DUI officer” was subsequently called to the scene. Upon his arrival, the DUI officer noted an odor of an alcoholic beverage on plaintiff’s breath and that his eyes were red and watery. Accordingly, he requested…