Pierson v. Colorado Department of Revenue, Motor Vehicle Division

Opinion by

Chief Judge STERNBERG.

The driver’s license of petitioner, Michael Eugene Pierson, was revoked by the Department of Revenue for refusing to submit to testing as required by the express consent statute. On review of that revocation, the district court affirmed and petitioner appeals. We conclude that, as a matter of law, there was no “refusal” by petitioner to submit to alcohol testing. Therefore, we reverse and remand with directions to set aside the order of revocation.

The essential facts are not in dispute. Petitioner was the driver of a vehicle involved in a one-car accident on…