Marek v. State, Department of Revenue, Motor Vehicle Division

KELLY, Judge.

Defendant, Motor Vehicle Division of the Colorado Department of Revenue (Department), appeals the trial court judgment which reversed the Department’s revoca*979tion of the driver’s license of plaintiff, Donald Marek. The Department argues that the trial court erred in substituting its own judgment for that of the hearing officer. We reverse.

Following his arrest on a charge of driving under the influence of alcohol, Marek was given an intoxilyzer test of his breath. The test results showed 0.164 grams of alcohol per 210 liters of breath. At Ma-rek’s driver’s license revocation…