Shumate v. Department of Revenue

HUME, Judge.

The Department of Revenue (Department) appeals from the district court judgment reversing its revocation of the driver’s license of plaintiff, Randle Gillan Shu-mate. We reverse and remand.

Following plaintiff’s arrest for driving under the influence of alcohol, the arresting officer requested plaintiff to submit to a blood or breath test. When plaintiff said that he would take “whichever” test, the arresting- officer repeatedly asked him which test he wanted to take, the blood test or the breath test. Despite the arresting officer’s advisement that the choice was up to plaintiff…