Franklin v. Colorado Department of Revenue, Motor Vehicle Division

METZGER, Judge.

The Department of Revenue (Department) appeals from a district court judgment reversing the revocation of Daniel Franklin’s driver’s license. We reverse.

Franklin was arrested for driving a vehicle while intoxicated in violation of § 42-4-1202(1.5), C.R.S. (1984 Repl. Yol. 17). He agreed to take a blood test, and the blood sample was determined to contain 0.189 grams of alcohol per hundred milliliters of blood, subjecting Franklin’s license to revocation pursuant to § 42-2-122.1, C.R.S. (1984 Repl. Vol. 17). Since the blood test results were not available until after Franklin…