Erbe v. Colorado Department of Revenue, Motor Vehicle Division, Hearing Section

Opinion by

Judge PLANK.

Plaintiff, Cheryl Erbe, appeals from the district court judgment affirming the revocation of her driver’s license by the Department of Revenue for refusing to submit to testing as required by the express consent statute. Because we conclude that the Department violated plaintiffs statutory right to counsel in the revocation proceedings under the circumstances here, we reverse and remand for a new revocation hearing.

The record reveals the following facts. After plaintiff was arrested for driving under the influence of alcohol, she allegedly refused to submit to the…