LOHR, Justice.
The People bring this interlocutory appeal under C.A.R. 4.1 from an order of the Denver District Court suppressing a blood alcohol test from use as evidence in a forthcoming retrial of the defendant, Andrew Roybal, on the charge of vehicular assault, section 18-3-205, C.R.S.1973 (1978 Repl.Vol. 8). We affirm the order.
The facts giving rise to this controversy are fully set forth in our earlier opinion, People v. Roybal,
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