Aultman v. Motor Vehicle Division, Department of Revenue

KELLY, Judge.

Defendant, Motor Vehicle Division of the Colorado Department of Revenue (Division), appeals the trial court judgment which reversed its revocation of the driver’s license of plaintiff, Robert Aultman. The Division argues that the trial court erred in finding that the requirements of due process were violated because the hearing officer indulged a presumption of validity of intoxilyzer test results and thus, did not require sufficient foundation before admitting those results. We reverse.

Following his arrest on a charge of driving under the influence of alcohol, Aultman was given…