Evans v. Department of Revenue

Opinion by

Judge ROMAN.

Plaintiff, Lane R. Evans, appeals the district court judgment affirming the revocation of his driver's license by the Department of Revenue based upon his refusal to submit to testing as required by the express consent statute. We affirm.

The relevant facts are essentially undisputed. Plaintiff was involved in a motor vehicle accident. The deputy sheriff who arrived at the scene observed that plaintiff's balance was poor, that his eyes were red and watering, and that his speech was slurred. Plaintiff admitted to drinking two beers. Medical personnel transported plaintiff…