Garcia v. Huber

Opinion by

Judge CARPARELLL

Plaintiff, John Garcia (driver), appeals the district court judgment affirming the finding by the Colorado Department of Revenue, Motor Vehicle Division (the Department), that, based on the Department's test result indicating his blood alcohol content was more than 0. 17, he is a "persistent drunk driver" under section 42-1-102(68.5), C.R.S.2010. Section 42-2-126(8)(e)(II), C.R.S.2010, establishes a presumption favoring the accuracy of an analysis done on behalf of a law enforcement agency when blood aleohol analysis results show blood alcohol content of 0.096 or…