Legal Opinion

DuPuis v. Charnes

Supreme Court of Colorado

Decided August 29, 1983No. 82SA590PublishedCited by 4 opinions

1Opinion of the Court

KIRSHBAUM, Justice.

Plaintiff, Benedict DuPuis, appeals the trial court’s judgment affirming the deci*2sion of the Colorado Department of Revenue (the Department) to revoke his driver’s license because he refused to submit to a chemical test as required by section 42-4-1202(8), C.R.S.1973 (1982 Cum.Supp.). Plaintiff contends that this statute violates constitutional guarantees of due process of law because it fails to provide expressly for a hearing on the issue of whether a driver actually refused to take a test to determine the alcohol content of his breath or blood.1 We affirm.

The following…

2Cases cited4 opinions

  1. Dolan v. RustSupreme Court of Colorado · 1978
  2. Vigil v. Motor Vehicle Division of Dept. of RevenueSupreme Court of Colorado · 1974
  3. Davis v. Colorado Department of Revenue, Motor Vehicle DivisionSupreme Court of Colorado · 1981
  4. Warren Village, Inc. v. Board of Assessment AppealsSupreme Court of Colorado · 1980

3Cited by4 opinions

  1. Armstrong v. CioneHawaii Supreme Court · 1987
  2. Kirke v. Colorado Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 1986
  3. Myers v. State Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2005
  4. Wilkerson v. Sch. Dist. 15 GlacieMontana Supreme Court · 1985

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