Gonzales v. Colorado Department of Revenue

ENOCH, Chief Judge.

The Department of Revenue (Department) appeals the district court judgment reinstating the driver’s license of plaintiff, Jesse Gonzales. We reverse.

The main issue on appeal is: Once plaintiff agreed to submit to a blood test, and then later refused the test, who had the burden of offering or requesting a breath test? We hold that plaintiff had the burden of requesting such a test.

On November 1, 1982, plaintiff was arrested for and charged with driving under the influence of alcohol. At the police station, one of the arresting officers read to plaintiff an advisement…