ENOCH, Chief Judge.
The Department of Revenue (Department) appeals the district court judgment reinstating the driver's license of plaintiff, Jesse Gonzales. We reverse.
The main issue on appeal is: Once plaintiff agreed to submit to a blood test, and then later refused the test, who had the burden of offering or requesting a breath test? We hold that plaintiff had the burden of requesting such a test.
On November 1, 1982, plaintiff was arrested for...
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