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

REED, Judge.

The Department of Revenue (Department) appeals from the district court judgment reversing its revocation of the driver’s license of plaintiff, Robert Perez. The sole issue on appeal is whether the revocation hearing was timely held under the provisions of the statute. We conclude that it was timely held and, therefore, reverse.

Following his arrest for driving under the influence of alcohol on October 28, 1987, plaintiff submitted to a breath test to determine his blood alcohol content. Based on the breath test results, the arresting officer served a notice of revocation on…