Colorado Department of Revenue v. Garner

Opinion by

Judge METZGER.

In this driver's license revocation case, the Department of Revenue appeals the district court's judgment entered in favor of appellee, Jake A. Garner. The Department had revoked Garner's driver's license for driving under restraint pursuant to § 42-2-188(8B), C.R.S.2001, and the district court set aside the revocation order on judicial review. We affirm.

The relevant facts are not in dispute. On June 14, 2000, Garner was arrested for driving under the influence of alcohol, and the results of a breath test showed an excessive blood aleohol content. Based on this…