Steamboat Springs Routt County Sheriff Gary Wall's driver's license could be revoked for up to one year for refusing to take a Breathalyzer test Oct. 27 when Colorado State Patrol Trooper Brett Hilling cited him for driving under the influence and a related weapons charge near U.S. Highway 40 and Walton Creek Road.
"He was issued an affidavit and notice of revocation the night of the stop," State Patrol spokesman Sgt. John Hahn said Wednesday.
Hahn said the notice was given because Wall refused a chemical breath test to determine his blood-alcohol content.
"That evening, he exercised his option - and, in fact, his right - to refuse that test," Hahn said.
Hahn said issuing a revocation notice is similar to giving a citation. He said Wall would have had seven days to dispute the charge to the Colorado Department of Revenue. On the eighth day, the revocation takes effect.
If Wall disputed the revocation, it would have been up to the Department of Revenue to grant him a 60-day temporary license and a hearing on the matter. Department of Revenue spokesman Mark Couch said the Driver Privacy Protection Act prevents him from revealing whether Wall disputed the revocation or whether Wall was given a 60-day temporary license.
Wall has said he still has a driver's license, and he was seen driving a vehicle Wednesday, 11 days after the traffic stop.
Wall is scheduled to appear in court at 8:30 a.m. Nov. 27. The 14th Judicial District Attorney's Office has handed over the case to special prosecutor Mark Hurlbert, the district attorney for the Fifth Judicial District.
Hurlbert said he received on Monday the case report prepared by the Colorado State Patrol and had only just begun to evaluate it and prepare for court. Hurlbert, best known for prosecuting the case against NBA star Kobe Bryant, said although Wall's case presents an unusual challenge, he will handle it like any other.
"I certainly haven't done any of these with an elected official," Hurlbert said. "We prosecute every case the same. Whether it's a well-known person or not, we handle it the same way."
Hurlbert said he hasn't spoken to Ron Smith, the Steamboat Springs attorney representing Wall.
Other than to dispute the charges, Wall has refused to comment on the case. He again declined to comment about it Wednesday.