Bath v. Department of Revenue of the State of Colorado, Motor Vehicle Division

PIERCE, Judge.

The Department of Revenue appeals from the district court judgment reversing its revocation of the driver’s license of plaintiff, Alfred Wayne Bath. We reverse.

The evidence at the revocation hearing established the time that plaintiff was driving as 12:04 a.m.- on April 14, 1986. Following his arrest for driving under the influence of alcohol, plaintiff took an intoxi-lyzer test of his breath at 1:04 a.m. that same day. Based on the test results, the hearing officer revoked plaintiff’s driver’s license. The district court reversed the revocation, ruling that the breath test was…