Glasmann v. Colorado

MR. JUSTICE BABCOCK delivered the Opinion of the Court. The Department of Revenue (department) appeals the trial court judgment reversing its revocation of the drivers license of plaintiff, Robert Gregory Glasmann, Jr., for operating a motor vehicle when the alcohol level of his breath was in excess of .15 grams per 210 liters of breath. The department argues that there is substantial evidence, when the record is considered as a whole, to support the hearing officers determination that the arresting officer "[c]losely and continuously observe[d] the subject for twenty (20) minutes prior to testing to detect any belching, regurgitation or intake of any foreign material by nose or mouth" as provided in Colorado Department of Health Rules and Regulations Relating to Chemical Tests for Blood Alcohol, 5 Code Colo. Reg. 1005-2 (Appended operational checklist and procedure) (the regulation). See 5 Code Colo. Reg. 1005-2. We agree, and therefore, reverse.