Commonwealth, Department of Public Safety v. Carpenter

VANCE, Commissioner.

The Department of Public Safety revoked the driver’s license of Tommy Carpenter for his alleged refusal to submit to a blood-alcohol test upon request of a state police officer. The order of revocation was set aside by a judgment of the Rockcastle Circuit Court and the department has appealed. We affirm the judgment.

The facts of this case are not in dispute. A state police officer arrested Tommy Carpenter for the offense of operating a motor vehicle while under the influence of intoxicating beverages. Mr. Carpenter requested a blood test and the officer took him to a…