In Moore v. Colorado Department of Revenue, Motor Vehicle Division (24CA1735), the Colorado Court of Appeals reversed a district court order that had set aside the revocation of a driver’s license under the state’s express consent statute. The case arose from an administrative determination that the driver refused chemical testing following a suspected alcohol-related driving incident.
The court held that the evidence submitted by the DMV, including the arresting officer’s affidavit and report, was sufficient to establish a refusal to submit to chemical testing. In doing so, the division distinguished Jansma v. Colorado Department of Revenue, concluding this record contained more than a checked refusal box and supported the hearing officer’s findings.
The case was remanded with directions to reinstate the license revocation, clarifying the evidentiary standards applicable to refusal determinations under Colorado’s express consent law.
For the full published opinion, visit coloradojudicial.gov/system/files/opinions-2026-01/24CA1735-PD.pdf.